Marine Order 1 (Administration) 2013

Marine Order 1 (Administration) 2013 (MO 1) provides a single, internal framework for the interpretation, administration and certain procedural mechanics that apply to the suite of Marine Orders made under the Navigation Act 2012, the Protection of the Sea (Harmful Anti‑fouling Systems) Act 2006 and the Protection of the Sea (Prevention of Pollution from Ships) Act 1983. The Order sets out rules of interpretation and common provisions that Marine Orders may adopt (s 3(a)(i)-(ii)). It prescribes which corporations are prescribed as “recognised organisations” for the purposes of the Navigation Act (s 8, Schedule 1). It prescribes the approved form of the official log book for regulated Australian vessels (s 20). It lists the classes of vessel and technical and documentary matters AMSA must be satisfied about before making or revoking an opt‑in declaration under the Navigation Act (ss 22-23). It prescribes the information about vessels that AMSA may publish (s 21). It establishes an application and internal review process for approvals, exemptions and equivalents under Marine Orders (Div 3, ss 10-18) and it provides an infringement notice regime as an enforcement option for contraventions of civil penalty provisions in Marine Orders (Div 7, ss 24-37). The Order also prescribes timeframes for reporting marine incidents to AMSA (s 23A). The Order is made under the statute powers listed in s 4 and, per s 3, is intended to reduce repetition across individual Marine Orders by centralising common administrative rules.

Mechanically, MO 1 does the following, among other things in the text:

Centralises definitions and interpretive rules that apply across Marine Orders (Div 2, s 6).
Specifies the procedural steps, form and content of applications to AMSA for equivalents, exemptions or modifications, the power to request further information (ss 11-12), and 90‑day decision timeframes (s 14), with a deemed refusal consequence if AMSA does not decide within that period (s 15(2)).

The Coat of Arms of the Commonwealth is depicted with agency name

made under the Navigation Act 2012, the Protection of the Sea (Harmful Anti-fouling Systems) Act 2006 and the Protection of the Sea (Prevention of Pollution from Ships) Act 1983

Compilation no. 4

Compilation date: 16 October 2024

This compilation was prepared on 28 October 2024 including amendments in Marine Orders Miscellaneous Amendment Order 2024

Prepared by the Australian Maritime Safety Authority

Division 1 Preliminary

1 Name of Order

3 Purpose

4 Power

5 Definitions for this Order

Division 2 Interpretation of Marine Orders

6 Definitions

7 Required certificates, licences or qualifications

8 Recognised organisations

9 Penal provisions

Division 3 Application and review process

10 Applications to which this Division applies

11 Form and content of application

12 Request for further information etc

13 Notification of applicant of progress of application

14 Period for consideration of application

15 Decision on application and notification of decision

16 Reviewable decisions

17 Internal review of decisions

18 Review by ART

Division 4 Approved forms and official log books

19 Approved forms

20 Official log books

Division 5 Publication of information about vessels

21 AMSA may publish information

Division 6 Opting-in to coverage

22 Opt-in declaration — prescribed matters

23 Revocation of opt-in declaration — prescribed matters

Division 6A Reporting of marine incidents

23A Reporting of marine incidents to AMSA

Division 7 Infringement notices

24 When infringement notice can be given

25 Contents of infringement notice

26 Giving the notice

27 Time for payment of penalty

28 Extension of time to pay

29 Payment by instalments

30 Withdrawal of infringement notice

31 Notice of refusal

32 Payment of penalty if infringement notice not withdrawn

33 Effect of payment of infringement notice penalty

34 Admissions under subsection 30(2)

35 Matter not to be taken into account in determining penalty

36 Evidence for hearing

37 Infringement notice not compulsory etc

Division 8 Transitional matters

39 Reference in a Marine Order to Marine Order 1 (Administration) 2011

40 Certificates

41 Things done

Schedule 1 Recognised organisations

Division 1 Preliminary

1 Name of Order

This Order is Marine Order 1 (Administration) 2013.

3 Purpose

This Order:

(a) facilitates the consistency and shortening of Marine Orders by setting out:

(i) rules of interpretation that generally apply to all Marine Orders; and

(ii) generic provisions that a Marine Order may adopt; and

(b) prescribes recognised organisations; and

(d) prescribes matters for the publication of information about vessels; and

(e) prescribes matters for the Navigation Act arrangements for vessels to opt-in to coverage under the Navigation Act; and

(f) provides for the enforcement of civil penalty provisions in Marine Orders.

4 Power

(1) Paragraph 25(2)(d) of the Navigation Act provides for regulations to prescribe matters of which AMSA must be satisfied before, by written instrument, making an opt-in declaration for a vessel.

(2) Subsection 26(2) of the Navigation Act provides that if AMSA is satisfied of matters prescribed by the regulations AMSA is to revoke an opt-in declaration for a vessel if requested by the owner, or any of the owners.

(3) Subsection 305(1) of the Navigation Act provides for regulations to provide for a person who is alleged to have contravened a civil penalty provision to pay a penalty as an alternative to civil proceedings.

(4) Section 309 of the Navigation Act provides for regulations to be made for the keeping of an official log book.

(5) Section 336 of the Navigation Act provides for regulations to be made for the publication by AMSA of information obtained about a vessel.

(6) 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.

(7) Paragraph 341(3)(b) of the Navigation Act provides for regulations to be made providing for review of decisions under the regulations.

(8) Subsection 342(1) of the Navigation Act provides that AMSA may, by legislative instrument, make a Marine Order with respect to any matter for which provision must or may be made by the regulations.

(9) Section 24 of the AFS Act provides that AMSA may, by legislative instrument, make orders on any matter on which regulations may be made.

(10) Section 25 of the AFS 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.

(11) Subsection 33(1) of the Pollution Prevention 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.

(12) Subsection 34(1) of the Pollution Prevention Act provides that AMSA may, by legislative instrument, make orders on matters for which regulations may be made.

5 Definitions for this Order

In this Order:

IACS means the International Association of Classification Societies Ltd.

Marine Order means an order made under subsection 342(1) of the Navigation Act, section 24 of the AFS Act or subsection 34(1) of the Pollution Prevention Act, including an order:

(a) continued in effect and modified by Marine Order 4 (Transitional modifications) 2013; or

(b) modified by Marine Order 2 (Australian International Shipping Register) 2013.

Safety Management Certificate means a certificate issued in accordance with Regulation 4.3 of Chapter IX of SOLAS.

Division 2 Interpretation of Marine Orders

6 Definitions

In a Marine Order, unless otherwise provided:

AFS Act means the Protection of the Sea (Harmful Anti-fouling Systems) Act 2006.

Australian fishing vessel means a fishing vessel that is registered or entitled to be registered in Australia.

Australian General Shipping Register has the same meaning as in subsection 3(1) of the Shipping Registration Act 1981.

Australian International Shipping Register has the same meaning as in subsection 3(1) of the Shipping Registration Act 1981.

cargo vessel has the meaning given to cargo ship in Regulation 2 of Chapter 1 of SOLAS.

decision maker, for a decision, means:

(a) the person holding or performing the duties of a position in AMSA to whom AMSA has delegated the power to make the decision; or

(b) the person holding or performing the duties of an AMSA position mentioned in a Marine Order as the decision maker for an application under the Order made in accordance with the application process set out in this Order.

EPIRB means a transmitter operating in the frequency band 406.0-406.1 MHz capable of transmitting a distress alert via satellite to a rescue coordination centre and transmitting signals for on-scene locating.

equivalent, for a Marine Order in which equivalent is not defined, means:

(a) a fitting, material, appliance or apparatus that may be fitted or carried in a vessel as an alternative to a fitting, material, appliance or apparatus that is required to be fitted or carried in a vessel by a Marine Order, a convention or a code adopted or amended by an IMO resolution; or

(b) an arrangement that could be made or a procedure that could be followed, in or for a vessel, as an alternative to a requirement of a Marine Order, a convention or a code adopted or amended by an IMO resolution.

fishing operations means:

(a) the taking, catching or capturing of fish for trading or manufacturing purposes; and

(b) the processing or carrying of the fish that are taken, caught or captured.

fishing vessel means a vessel that:

(a) is used wholly or principally for fishing operations; and

(b) is not:

(i) a customs vessel; or

(ii) a government vessel; or

(iii) a recreational vessel; or

(iv) a domestic commercial vessel.

Note The vessels mentioned in paragraph (b) are defined in the Navigation Act — see section 14(1) of the Act.

General Manager, Ship Safety Division means the person occupying the position of General Manager Operations, AMSA.

gross tonnage has the same meaning as in paragraph (4) of Article 2 of the Tonnage Convention.

Note The gross tonnage of a vessel is generally worked out in accordance with regulation 3 of Annex I to the Tonnage Convention.

GT, for a vessel, means the gross tonnage of the vessel.

IMO means the International Maritime Organization.

length, for a vessel, has the same meaning as in the International Convention on Load Lines, 1966, as amended by the Protocol of 1988 relating to the International Convention on Load Lines, 1966.

Manager, Ship Inspection and Registration means the person occupying the position of Manager, Ship Inspection and Registration, AMSA.

Manager, Ship Operations and Qualifications means the person occupying the position of Manager, Seafarer Certification Service, AMSA.

MARPOL — see subsection 3(1) of the Pollution Prevention Act, meaning of the Convention.

national law — see section 14 of the Navigation Act, meaning of Marine Safety (Domestic Commercial Vessel) National Law.

National Standard for Commercial Vessels (or NSCV) — see section 6 of the national law, meaning of National Standard for Commercial Vessels.

Navigation Act means the Navigation Act 2012.

offshore support vessel means a vessel, other than an offshore industry mobile unit, that is used or intended to be used in any operations or activities associated with, or incidental to, exploring or exploiting natural resources.

passenger vessel has the same meaning as passenger ship in Regulation 2 of Chapter I of SOLAS.

Pollution Prevention Act means the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.

SOLAS has the same meaning as Safety Convention in section 14 of the Navigation Act.

STCW Code means the Seafarers’ Training, Certification and Watchkeeping (STCW) Code as adopted by resolution of the 2010 Conference of Parties to the STCW Convention, as amended and in force for Australia from time to time.

Note The resolution mentioned in the definition of STCW Code forms part of a package of amendments (the Manila amendments) made by the 2010 Conference of the Parties to the STCW Convention (STCW/CONF.2/34).

use, of an equivalent, for a Marine Order in which use, of an equivalent, is not defined, includes:

(a) fitting or carrying the equivalent in or on a vessel; and

(b) making an alternative arrangement or following an alternative procedure.

USL Code means the Uniform Shipping Laws Code adopted by the Australian Transport Council established by the Council of Australian Governments and as in force from time to time.

Note 1 Other terms used in Marine Orders have the same meaning they have in the Act or Acts under which they are made — see section 14(1) of the Navigation Act, section 3 of the AFS Act and section 3 of the Pollution Prevention Act.

Note 2 The term owner is defined in section 14(1) of the Navigation Act. It includes the person with overall general control and management of the operation of a vessel. This is equivalent to a Company defined in paragraph .25 of regulation I/1 of the STCW Convention, regulation IX-1 of SOLAS and paragraph 1.1.2 of Part A of the International Safety Management Code (ISM Code) of the IMO.

Note 3 For details of AMSA officers exercising delegated powers — see the AMSA website at http://www.amsa.gov.au.

7 Required certificates, licences or qualifications

(1) A requirement to have a certificate or licence is a requirement to have a certificate or licence that is in force.

(2) If a certificate or licence is revoked or suspended it ceases to be in force.

(3) A requirement to have any other qualification is a requirement to have a qualification that has not been revoked, however described.

8 Recognised organisations

For the definition of recognised organisation in section 14 of the Navigation Act, each corporation or association mentioned in Schedule 1 is prescribed.

Note For information on the application process to become a recognised organisation — see the AMSA website at http://www.amsa.gov.au.

9 Penal provisions

A provision followed by the phrase ‘This is a penal provision’ is a penal provision under the legislation under which the provision is made.

Note 1 Subregulation 4(1) of the Protection of the Sea (Prevention of Pollution from Ships) (Orders) Regulations 1994 provides that a person who fails to comply with a provision of an Order made under subsection 34(1) of the Pollution Prevention Act that is expressed to be a penal provision is guilty of an offence punishable by a fine not exceeding 50 penalty units. Subregulation 4(2) provides that an offence against subregulation 4(1) is an offence of strict liability. Section 24 of the AFS Act provides that Orders made under that Act cannot impose penalties for contravention of the Orders.

Note 2 Orders made under the Navigation Act may directly impose penalties for contravention of an Order or of a notice, direction etc given under an Order — see Navigation Act, paragraph 341(1)(a) and subsection 342(1). Penalties cannot be more than 50 penalty units for an individual or 250 penalty units for a body corporate — see Navigation Act, paragraph 341(1)(a) and Crimes Act 1914, section 4B. Orders may also impose civil penalties — see Navigation Act, paragraph 341(1)(b).

Note 3 For the value of a penalty unit — see Crimes Act 1914, section 4AA.

Note 4 For an act or omission constituting an offence under 2 or more laws — see Crimes Act 1914, section 4C.

Division 3 Application and review process

10 Applications to which this Division applies

(1) This Division applies if a Marine Order provides that a person may apply, in accordance with the application process set out in this Order, to AMSA for any of the following:

(a) an approval for an equivalent to be fitted, used or carried in or on a vessel;

(b) an approval for an equivalent guideline;

(d) an approval for a modification of a requirement of the Order to apply to a vessel or a person.

(2) This Division also applies to any other matter that a Marine Order provides is a matter for which an application must be made in accordance with this Order.

(3) A Marine Order that provides that an application must be made in accordance with this Order may vary the process set out in this Order as it applies to the application.

Note: Example

Note: The period for consideration of the application may be varied.

11 Form and content of application

(1) An application mentioned in section 10:

(a) must:

(i) be in writing; and

(ii) be in the approved form, if any; and

(iii) be accompanied by the application fee, if any; and

(iv) include a supporting statement setting out the grounds for the application; and

(v) include any other information or document that an Order requires be included; and

(b) may include any other information or document the applicant considers relevant to the application.

Note: Example for subparagraph (a)(v)

Note: A Marine Order may require information in accordance with an international agreement that Australia has implemented.

Note 1 AMSA may also determine fees for processing applications under Marine Orders — see section 47 of the AMSA Act.

Note 2 Giving false or misleading information in an application is an offence — see subsections 136.1 and 137.1 of the Criminal Code.

(2) An application for an approval of an equivalent guideline must also mention the guideline for which approval is sought and why the applicant considers it meets the requirements of the Order that would otherwise apply.

12 Request for further information etc

(1) AMSA may, in writing, ask the applicant to provide any information or document that AMSA reasonably considers necessary for consideration of the application.

Note More than 1 request may be made under this section.

(2) AMSA may, in writing, ask any of the following to provide any information, document or agreement that AMSA reasonably considers necessary for consideration of the application:

(a) the government of another country;

(b) an international organisation;

(d) a State or Territory agency or other State or Territory body responsible for maritime safety or environmental protection;

(e) a person performing maritime safety or environmental protection functions.

Note: Examples for paragraph (e)

Note: 1 Companies that provide cargo testing services.

Note: 2 Recognised organisations and inspectors.

Note More than 1 request may be made under this section.

13 Notification of applicant of progress of application

If AMSA asks for information, a document or an agreement under section 12, AMSA must tell the applicant in writing:

(a) if the information, document or agreement has been requested under subsection 12(2) — that the information, document or agreement has been requested and from whom; and

(b) about the effect of the request on the period for consideration of the application.

14 Period for consideration of application

An application must be considered:

(a) if no request for further information or documents is made under section 12 — within 90 days after AMSA receives the application; or

(b) within 90 days after AMSA receives all the information, documents or final responses requested under section 12; or

(c) if AMSA does not receive all the information, documents or final responses requested under section 12 within a reasonable period for the kind of request — within 90 days after that period.

15 Decision on application and notification of decision

(1) AMSA must, within the period mentioned in section 14:

(a) decide the application; and

(b) tell the applicant, in writing:

(i) the decision on the application and any conditions imposed; and

(ii) the reasons for the decision if:

(A) the decision is not to approve the application; or

(B) it is an application for an exemption and the decision is not to grant the exemption.

Note A Marine Order that provides that an application may be made to AMSA in accordance with this Order may set out criteria to be considered when the application is decided.

(2) If AMSA does not decide the application within the period mentioned in section 14, AMSA is taken to have decided:

(a) not to approve the application; or

(b) if it is an application for an exemption — not to grant the exemption.

16 Reviewable decisions

(1) A decision mentioned in section 15, other than a decision made under the Navigation Act, is a reviewable decision.

Note Some decisions are reviewable under section 313 of the Navigation Act eg decisions for certificates issued under the Navigation Act.

(2) A Marine Order that provides that a decision is a reviewable decision for section 18 of this Order is taken to refer to section 17 of this Order.

17 Internal review of decisions

(1) A person who is affected by a reviewable decision may apply, in writing, to AMSA for internal review of the decision before the later of the following:

(a) 90 days after:

(i) notification of the decision; or

(ii) if the decision is not notified within the period mentioned in section 14 — the end of that period;

(b) a longer period determined by AMSA.

(2) On receipt of the application, AMSA must review the reviewable decision.

(3) AMSA must:

(a) affirm the reviewable decision; or

(b) make any other decision that AMSA considers appropriate.

(4) AMSA must tell the applicant, in writing, of the outcome of the internal review within 28 days after the application for internal review was received.

(5) A notice under subsection (4) must include:

(a) a statement to the effect that, if the applicant is dissatisfied with the decision, application may, subject to the Administrative Review Tribunal Act 2024, be made to the Administrative Review Tribunal for review of the decision; and

(b) a statement to the effect that the applicant may request a statement of reasons under section 268 of that Act.

(6) Failure to comply with subsection (5) for a decision does not affect the validity of the decision.

Note For delegation of AMSA’s powers under this Division — see the AMSA website at http://www.amsa.gov.au.

18 Review by ART

A person affected by a decision under subsection 17(3) may apply to the Administrative Review Tribunal for review of the decision.

Division 4 Approved forms and official log books

19 Approved forms

If AMSA approves a form for a particular purpose in an Order, the approved form must be used for that purpose.

Note 1 AMSA may, in writing, approve a form for a provision of an Order made under the Navigation Act or the Pollution Prevention Act — see Navigation Act, section 338 and definition of this Act in subsection 14(1), and Pollution Prevention Act, section 3A and definition of this Act in subsection 3(1).

Note 2 Approved forms are available on the AMSA website http://www.amsa.gov.au.

20 Official log books

For subsection 309(2) of the Navigation Act, the official log book for a regulated Australian vessel must be in the approved form.

Note The approved form of the official log book is available on the AMSA website at http://www.amsa.gov.au.

Division 5 Publication of information about vessels

21 AMSA may publish information

For section 336 of the Navigation Act, the following information obtained about a vessel is prescribed:

(a) vessel name;

(b) IMO number;

(d) vessel type;

(e) name of recognised organisation or other organisation responsible for survey certificates for the vessel;

(f) name of the company recorded on the Safety Management Certificate for the vessel;

(g) name of authority responsible for the Safety Management Certificate for the vessel;

(h) country of registration;

(i) tonnage — gross, net and deadweight;

(j) year of build;

(k) cargo type;

(l) owner/charterer (according to information provided by the vessel);

(m) charter type, if applicable;

(n) port and date of inspection;

(o) port and date of previous port state control inspection;

(p) date of last special survey;

(q) details of deficiencies, including matters about seafarers’ welfare and matters within the responsibility of an organisation mentioned in paragraph (e) or an authority mentioned in paragraph (g);

(r) action taken in relation to serious deficiencies;

(s) detention of the vessel, the total period of the detention and, if applicable, the period of detention beyond scheduled sailing time.

Note For the circumstances when this information may be obtained — see subsection 336(1) of the Navigation Act.

Division 6 Opting-in to coverage

22 Opt-in declaration — prescribed matters

(1) An application under subsection 25(1) of the Navigation Act for an opt-in declaration must be in the approved form.

Note 1 See section 19 for information about approved forms.

Note 2 AMSA may determine fees for processing applications — see section 47 of the AMSA Act.

(2) For paragraph 25(2)(d) of the Navigation Act, other matters of which AMSA must be satisfied are the following:

(a) the vessel is in class with a recognised organisation and is maintained in accordance with the requirements of the recognised organisation for the class;

(b) the vessel is not any of the following:

(i) a recreational vessel;

(ii) a Class 1E vessel;

(iii) a Class 2D or 2E vessel;

(iv) a Class 3B, 3C, 3D or 3E vessel;

(v) a Class 4C, 4D or 4E vessel;

(c) if AMSA considers that the vessel must be inspected before making a decision about the application — the vessel has been inspected by an inspector;

(d) if the vessel is a Class 1B or 2B vessel — it complies after 19 August 2013 with each requirement of the Maritime Labour Convention that applies to a vessel of its size;

(e) the vessel complies with the safety management requirements mentioned in section 7 of Marine Order 58 (International Safety Management Code) 2002 or the operation requirements that apply to the vessel under NSCV Part E — Operations.

Note 1 For paragraph (b), vessels are assigned a service category according to the nature of the vessel’s use and operational areas — see clause 3.5.1 of Part B of the NSCV.

Note 2 Opt-in declarations are made by AMSA under subsection 25(2) of the Navigation Act. AMSA must be satisfied of the matters mentioned in subsection 22(2) of this Order, together with other things mentioned in subsection 25(2) of the Navigation Act, before making a declaration. AMSA may revoke a declaration under subsection 26(4) of the Navigation Act if no longer satisfied of these matters.

Note 3 For review by the Administrative Review Tribunal of decisions made under the Navigation Act — see section 313 of the Navigation Act.

23 Revocation of opt-in declaration — prescribed matters

For subsection 26(2) of the Navigation Act, other matters of which AMSA must be satisfied are the following:

(a) the vessel has not been maintained in accordance with the requirements of the recognised organisation with which it is in class;

(b) the vessel does not, after 30 days after commencement of the opt-in declaration for the vessel, comply with the requirements of the Navigation Act, including certification requirements, that apply to a vessel of its size and class;

Note AMSA must revoke an opt-in declaration for a vessel if the owner, or any of the owners, of the vessel requests, and AMSA is satisfied of the matters mentioned in this section — see subsection 26(2) of the Navigation Act.

Division 6A Reporting of marine incidents

23A Reporting of marine incidents to AMSA

For paragraphs 185(1)(b) and (2)(b) and 186(1)(b) and (2)(b) of the Navigation Act (which deal with reporting of marine incidents by the owner and the master of a vessel), the prescribed period for reporting a marine incident is:

(a) for a preliminary report — 4 hours; and

(b) for a detailed report — 72 hours.

Note 1 Approved forms for the reporting of marine incidents are available on AMSA’s website at http://www.amsa.gov.au/forms.

Note 2 It is an offence not to report a marine incident in which a vessel is involved — see sections 185 and 186 of the Navigation Act. If a report of a marine incident is made, AMSA may start an investigation to decide if a survey of the vessel should be conducted.

Note 3 For other reporting requirements — see Transport Safety Investigation Act 2003, sections 18 and 19.

Division 7 Infringement notices

24 When infringement notice can be given

If there are reasonable grounds for believing that a person has contravened a civil penalty provision, AMSA or an inspector may give to the person an infringement notice for the infringement notice penalty of one-fifth of the maximum penalty that a court could impose on the person for contravention of the provision.

25 Contents of infringement notice

(1) The notice must include the following information:

(a) the name and address of the person given the notice;

(b) if the person is an individual — the person’s date of birth;

(d) details of the alleged contravention, including:

(i) the day and, if known, the time when it is alleged to have occurred; and

(ii) the place where it is alleged to have occurred;

(e) the maximum penalty that may be imposed by a court for the alleged contravention;

(f) the amount payable as the infringement notice penalty;

(g) a statement that the person can apply to AMSA for an extension of time to pay under section 28;

(h) a statement that the person may pay a penalty as an alternative to civil proceedings:

(i) before the end of 28 days after the day the notice is given; or

(ii) if a further period is allowed by AMSA under section 28 — before the end of the further period; or

(iii) if payment by instalments is permitted by the AMSA under section 29 — in accordance with the permission;

(i) how and where the infringement notice penalty may be paid;

(j) a statement that if, before the end of 28 days after service of the notice, the person tells AMSA, in the way set out in the notice, about any facts or matters that the person thinks should be taken into account for the contravention and asks that AMSA withdraw the notice in accordance with section 30;

(i) time for payment of the penalty will be extended to the extent necessary for a decision to be made about those facts or matters; and

(ii) AMSA must consider the matters mentioned in section 30;

(k) a statement that, if the infringement notice penalty is paid in time:

(i) the person’s liability for the contravention is discharged; and

(ii) further proceedings cannot be taken against the person for the contravention.

(l) a statement to the effect that, if none of the things mentioned in paragraph (h) or (j) is done within the time specified, the person may be proceeded against for the alleged contravention and may be found liable for an amount up to the maximum penalty for the contravention;

(m) the name or identifying number of the person who gave the notice.

(2) An infringement notice may contain any other information that AMSA or the inspector considers necessary.

26 Giving the notice

(1) The notice must be given to the person within 12 months after the alleged contravention occurred.

(2) The notice must be given by:

(a) handing the notice to the person; or

(b) mailing it to the person’s last known address; or

(d) if the person is a body corporate:

(i) mailing it to the registered office of the person; or

(ii) leaving it at the registered office of the person with a person apparently over 16 years old.

27 Time for payment of penalty

The penalty stated in an infringement notice must be paid within:

(a) 28 days after the day when the notice is given to the recipient; or

(b) another period mentioned in this Order.

28 Extension of time to pay

(1) On written application by a person to whom an infringement notice has been given, AMSA may grant, if satisfied that in all the circumstances it is reasonable to do so, a further period for payment of the infringement notice penalty, whether or not it is more than 28 days after the notice was given.

(2) If application is made after 28 days after the notice was given, the application must include an explanation why the person issued the notice could not deal with the notice within that period.

(3) AMSA must:

(a) grant or refuse a further period; and

(b) give the applicant written notice of the decision; and

(4) The person must pay the penalty:

(a) if a further period is granted — before the end of that period; or

(b) if the decision is a refusal — before the end of the later of:

(i) 7 days after receiving notice of the refusal; or

(ii) the 28 day period.

29 Payment by instalments

(1) On written application by a person to whom an infringement notice has been given, AMSA may make an arrangement with a person to whom an infringement notice has been given (whether or not the period of 28 days after the date of giving the notice has ended) for payment of the amount of the infringement notice penalty by instalments.

(2) AMSA must:

(a) grant or refuse to make an arrangement; and

(b) give the applicant written notice of the decision; and

(3) The person must pay the penalty:

(a) if an arrangement is made — in accordance with the arrangement; or

(b) if the decision is a refusal — before the end of the later of:

(i) the 28 day period; or

(ii) 7 days after receiving the notice of the refusal.

30 Withdrawal of infringement notice

(1) Whether or not an application is received under subsection (2) AMSA, if satisfied that in all the circumstances it is proper to do so, may withdraw an infringement notice.

(2) Before the end of 28 days after receiving the infringement notice, the recipient may apply, in writing, to AMSA for it to be withdrawn.

(3) Within 28 days after receiving the application, AMSA must:

(a) withdraw, or refuse to withdraw, the notice; and

(b) give the applicant written notice of the decision; and

(4) In making a decision, AMSA must consider:

(a) the facts or matters mentioned in the application; and

(b) the circumstances in which the contravention of the Navigation Act mentioned in the notice is alleged to have occurred; and

(c) whether the person has been found previously to have contravened a civil penalty provision in the Navigation Act; and

(d) whether an infringement notice has previously been given to the person for a contravention of the same kind as that mentioned in the notice; and

(e) any other matter AMSA considers relevant to the decision.

(5) If an infringement notice is withdrawn, any amount of infringement notice penalty paid under the notice must be repaid to the person who paid it.

31 Notice of refusal

If AMSA decides to refuse to withdraw an infringement notice, notice of the decision must state:

(a) that if the amount of the infringement notice penalty is paid within 28 days after notice of the decision is given to the person, the person will not be prosecuted for the alleged contravention; and

(b) that if the amount is not paid, the person may be prosecuted for the alleged contravention.

32 Payment of penalty if infringement notice not withdrawn

If AMSA refuses to withdraw an infringement notice, the applicant for withdrawal must pay the infringement notice penalty before the end of the 28 days after receiving notice of the refusal.

33 Effect of payment of infringement notice penalty

(1) If a person who is given an infringement notice pays the infringement notice penalty in accordance with this Division:

(a) the person’s liability for the contravention is discharged; and

(b) further civil proceedings cannot be taken against the person for the contravention; and

(2) Subsection (1) applies to a person who makes an arrangement to pay the infringement notice penalty by instalments, only if the person makes payments in accordance with the arrangement.

34 Admissions under subsection 30(2)

Evidence of an admission made by a person in an application under subsection 30(2) is inadmissible in proceedings against the person for the alleged contravention.

35 Matter not to be taken into account in determining penalty

(1) This section applies if a person who is given an infringement notice:

(a) elects not to pay the infringement notice penalty; and

(b) is found by an eligible court to have contravened the civil penalty provision mentioned in the notice.

(2) In determining the penalty to be imposed, the court must not take into account the fact that the person chose not to pay the infringement notice penalty.

36 Evidence for hearing

(1) At the hearing of proceedings for an alleged contravention mentioned in an infringement notice, the following certificates are evidence of the facts stated in the certificate:

(a) a certificate signed by AMSA or an inspector stating that:

(i) the notice was given to the person alleged to have done the contravention; and

(ii) the infringement notice penalty has not been paid in accordance with this Division;

(b) a certificate signed by AMSA or an inspector and stating that the notice was withdrawn on a day mentioned in the certificate;

(i) a further period was refused, under section 28, for payment of the infringement notice penalty; and

(ii) the infringement notice penalty has not been paid in accordance with this Division;

(d) a certificate signed by AMSA and stating that a notice, a copy of which is attached to the certificate, was given on the day mentioned in the certificate;

(e) a certificate signed by AMSA and stating that:

(i) for section 28, the further time mentioned in the certificate for payment of the infringement notice penalty was granted; and

(ii) the infringement notice penalty was not paid in accordance with the notice or within the further time.

(2) A certificate that purports to have been signed by AMSA or an inspector is taken to have been signed by that person unless the contrary has been proved.

37 Infringement notice not compulsory etc

Nothing in this Division is taken:

(a) to require that a person suspected of having contravened a civil penalty provision in the Navigation Act be given an infringement notice; or

(b) to affect the liability of a person to be prosecuted for an alleged contravention, if:

(i) an infringement notice is not given to the person for the contravention; or

(ii) an infringement notice is given, and withdrawn; or

Division 8 Transitional matters

39 Reference in a Marine Order to Marine Order 1 (Administration) 2011

(1) A reference in a Marine Order to a provision of Marine Order 1 (Administration) 2011 is taken to be a reference to the equivalent provision in this Order.

(2) A reference in a Marine Order to Marine Order 1 (Administration) 2011 is taken to be a reference to this Order.

40 Certificates

(1) For paragraph 339(2)(o) of the Navigation Act, a certificate of a kind mentioned in the table that was in force under the provision of the Navigation Act 1912 mentioned in the table immediately before the repeal of the Navigation Act 1912 has effect as if it was a certificate issued under the corresponding provision of the Navigation Act until the earlier of:

(a) the date that the certificate would have expired under the Navigation Act 1912; or

(b) if the certificate is revoked — the date of revocation.

Navigation Act 1912 provision	Kind of certificate	Corresponding provision of Navigation Act
Subsection 194(4)	Certificate of survey	Section 100
Subsection 194(4)	Certificate of equipment	Section 100
Subsections 206D(1) and (3)	Passenger ship safety certificate	Section 100
Subsections 206D(2) and (4)	Passenger ship short voyage safety certificate	Section 100
Section 206E	Cargo ship safety construction certificate	Section 100
Section 206F	Cargo ship safety equipment certificate	Section 100
Section 206G	Cargo ship safety radio certificate	Section 100
Section 206GA	Cargo ship safety certificate	Section 100
Section 206H	Exemption certificate	Section 100
Section 206J	Nuclear passenger ship safety certificate	Section 100
Section 206K	Nuclear cargo ship safety certificate	Section 100
Section 206M	Certificate (foreign ship)	Section 319
Section 222	Load line certificate	Section 100
Section 223	International Load Line Exemption Certificate	Section 100
Section 267B	Ship construction certificate	Section 132
Section 267C	International Oil Pollution Prevention Certificate	Section 132
Section 267Q	Chemical tanker construction certificate	Section 132
Section 267ZG	International Sewage Pollution Prevention Certificate	Section 132
Section 267ZW	Air pollution prevention certificate	Section 132
Section 405F	Tonnage measurement certificate	Section 155

(2) However, a tonnage measurement certificate issued under section 405F of the Navigation Act 1912 that is a perpetual certificate has continued effect as if it was a certificate issued under section 155 of the Navigation Act unless it is revoked.

41 Things done

(1) For paragraph 339(2)(o) of the Navigation Act, a thing done under a provision of the Navigation Act 1912, that is of a kind mentioned in the table that was in force immediately before the repeal of the Navigation Act 1912, has effect under the corresponding provision of the Navigation Act or a Marine Order until the earlier of:

(a) the date that the thing done would have expired under the Navigation Act 1912; or

(b) if the thing done is revoked —— the date of revocation.

Navigation Act 1912 provision	Kind of thing done	Corresponding provision of Navigation Act or Marine Order
Subsection 14(1)	Order about minimum complement required for a ship	Subsection 51(1) of the Navigation Act
Subsection 123(1)	Appointment of Medical Inspector of Seamen	Section 8A of Marine Orders Part 9, issue 6

(2) For paragraph 339(3)(b) of the Navigation Act, each of the following things done under the Navigation Act 1912 that was in force immediately before the repeal of the Navigation Act 1912, has effect under the Navigation Act unless it is revoked:

(a) an order under subsection 427(2) about the Uniform Shipping Laws Code;

(b) an order under subsection 427(3) about the National Standard for Commercial Vessels.

Schedule 1 Recognised organisations

(section 8)

Item	Corporation or association	Acronym	Website
1	American Bureau of Shipping	ABS	http://www.eagle.org
2	Bureau Veritas	BV	http://www.veristar.com
3	China Classification Society	CCS	http://www.ccs.org.cn
4	Det Norske Veritas Germanischer Lloyd	DNV GL	https://www.dnvgl.com
6	Korean Register of Shipping	KR	http://www.krs.co.kr
7	Lloyd’s Register	LR	http://www.lr.org
8	Nippon Kaiji Kyokai	Class NK	http://www.classnk.or.jp
9	RINA S.p.A	RINA	http://www.rina.org

Note These recognised organisations are members of IACS. AMSA has an agreement with each of these recognised organisations for the provision of survey and certification services for vessels registered in Australia. The websites, and the acronyms that are used by IACS for these bodies, were current on commencement of this Order.

Notes to Marine Order 1 (Administration) 2013

Note 1

Note: Marine Order 1 (Administration) 2013 (in force under subsection 342(1) of the Navigation Act 2012, section 24 of the Protection of the Sea (Harmful Anti-fouling Systems) Act 2006 and subsection 34(1) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983) as shown in this compilation comprises Marine Order 1 (Administration) 2013 amended as indicated in the following tables.

Note: > Note: Table of

Orders

<table cellspacing="0" cellpadding="0" style="margin-right:auto; margin-left:auto; border-collapse:collapse"><thead><tr><td style="width:102.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableColHead"><span>Year and number</span></p></td><td style="width:56.85pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableColHead"><span>Registration date</span></p></td><td colspan="2" style="width:74.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableColHead"><span>FRLI number</span></p></td><td style="width:70.05pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableColHead"><span>Commencement date</span></p></td><td style="width:67.15pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableColHead"><span>Application, saving or transitional provisions</span></p></td></tr></thead><tbody><tr><td style="width:102.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfStatRules"><span style="font-style:italic">Marine Order 1 (Administration) 2013 </span><span>(MO</span><span> </span><span>2013/17)</span></p></td><td style="width:56.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfStatRules"><span>13 December 2013</span></p></td><td style="width:55.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfStatRules"><span>F2013L02093</span></p></td><td colspan="2" style="width:89.05pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfStatRules"><span>14 December 2013</span></p></td><td style="width:67.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfStatRules"><span></span></p></td></tr><tr><td style="width:102.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfStatRules"><span style="font-style:italic">Marine Order 81 (Administration amendment) 2016 </span><span>(MO</span><span> </span><span>2016/18)</span></p></td><td style="width:56.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfStatRules" style="margin-bottom:3pt"><span>12 December 2016</span></p></td><td style="width:55.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfStatRules" style="margin-bottom:3pt"><span>F2016L01915</span></p></td><td colspan="2" style="width:89.05pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfStatRules" style="margin-bottom:3pt"><span>13 December 2016</span></p></td><td style="width:67.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfStatRules"><span></span></p></td></tr><tr><td style="width:102.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfStatRules"><span style="font-style:italic">Marine Orders Amendment (Marine Order 47</span><span style="font-style:italic"> </span><span style="font-style:italic">— consequential changes) Order 2019 </span><span>(MO</span><span> </span><span>2019/5)</span></p></td><td style="width:56.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfStatRules" style="margin-bottom:3pt"><span>16 October 2019</span></p></td><td style="width:55.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfStatRules" style="margin-bottom:3pt"><span>F2019L01331</span></p></td><td colspan="2" style="width:89.05pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfStatRules" style="margin-bottom:3pt"><span>1 November 2019</span></p></td><td style="width:67.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfStatRules"><span></span></p></td></tr><tr><td style="width:102.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfStatRules"><span style="font-style:italic">Marine Orders Amendment (Marine Order 27 — consequential changes) Order 2023 </span><span>(MO</span><span> </span><span>2023/10)</span></p></td><td style="width:56.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfStatRules" style="margin-bottom:3pt"><span>12 December 2023</span></p></td><td style="width:55.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfStatRules" style="margin-bottom:3pt"><span>F2023L01657</span></p></td><td colspan="2" style="width:89.05pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfStatRules" style="margin-bottom:3pt"><span>1 January 2024</span></p></td><td style="width:67.15pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfStatRules"><span></span></p></td></tr><tr><td style="width:102.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfStatRules"><span style="font-style:italic">Marine Orders Miscellaneous Amendment Order 2024 (MO</span><span style="font-style:italic"> </span><span style="font-style:italic">2024/2)</span></p></td><td style="width:56.85pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfStatRules" style="margin-bottom:3pt"><span>15 October 2024</span></p></td><td style="width:55.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfStatRules" style="margin-bottom:3pt"><span>F2024L01309</span></p></td><td colspan="2" style="width:89.05pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfStatRules" style="margin-bottom:3pt"><span>16 October 2024</span></p></td><td style="width:67.15pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfStatRules"><span></span></p></td></tr><tr style="height:0pt"><td style="width:113.4pt"></td><td style="width:67.65pt"></td><td style="width:66.4pt"></td><td style="width:19pt"></td><td style="width:80.85pt"></td><td style="width:77.95pt"></td></tr></tbody></table>

Note: > Note: Table of amendments

<table cellspacing="0" cellpadding="0" style="width:436.05pt; border-collapse:collapse"><tbody><tr><td colspan="2" style="width:425.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmendHead" style="margin-right:0pt"><span>ad. = added or inserted</span><span> </span><span>am. = amended</span><span> </span><span>rep. = repealed</span><span> </span><span>rs. = repealed and substituted</span></p></td></tr><tr><td style="width:72.6pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableColHead"><span>Provision affected</span></p></td><td style="width:341.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableColHead"><span>How affected</span></p></td></tr><tr><td style="width:72.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span>2</span><span style="width:108.39pt; font-family:'Lucida Console', monospace; display:inline-block">...................</span></p></td><td style="width:341.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>rep. </span><span style="font-style:italic">Legislation Act 2003</span><span>, s</span><span> </span><span>48D</span></p></td></tr><tr><td style="width:72.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span>6</span><span style="width:108.39pt; font-family:'Lucida Console', monospace; display:inline-block">...................</span></p></td><td style="width:341.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>am. MO 2016/18; am. MO 2019/5; am. MO 2023/10</span></p></td></tr><tr><td style="width:72.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span>17</span><span style="width:103.39pt; font-family:'Lucida Console', monospace; display:inline-block">...................</span></p></td><td style="width:341.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>am. MO 2024/2</span></p></td></tr><tr><td style="width:72.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span>18</span><span style="width:103.39pt; font-family:'Lucida Console', monospace; display:inline-block">...................</span></p></td><td style="width:341.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>am. MO 2024/2</span></p></td></tr><tr><td style="width:72.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span>22</span><span style="width:103.39pt; font-family:'Lucida Console', monospace; display:inline-block">...................</span></p></td><td style="width:341.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>am. MO 2024/2</span></p></td></tr><tr><td style="width:72.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span>38</span><span style="width:103.39pt; font-family:'Lucida Console', monospace; display:inline-block">...................</span></p></td><td style="width:341.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>rep. </span><span style="font-style:italic">Legislation Act 2003</span><span>, s</span><span> </span><span>48C</span></p></td></tr><tr><td style="width:72.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span>23A</span><span style="width:97.39pt; font-family:'Lucida Console', monospace; display:inline-block">.................</span></p></td><td style="width:341.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>ad. MO 2016/18</span></p></td></tr><tr><td style="width:72.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span>Schedule 1</span><span style="width:68.36pt; font-family:'Lucida Console', monospace; display:inline-block">............</span></p></td><td style="width:341.85pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>am. MO 2016/18</span></p></td></tr></tbody></table>

1 Marine Order 1 (Administration) 2013

Marine Order 1 (Administration) 2013

made under the Navigation Act 2012, the Protection of the Sea (Harmful Anti-fouling Systems) Act 2006 and the Protection of the Sea (Prevention of Pollution from Ships) Act 1983

Compilation no. 4

Compilation date: 16 October 2024

This compilation was prepared on 28 October 2024 including amendments in Marine Orders Miscellaneous Amendment Order 2024

Prepared by the Australian Maritime Safety Authority

Division 1 Preliminary

1 Name of Order

3 Purpose

4 Power

5 Definitions for this Order

Division 2 Interpretation of Marine Orders

6 Definitions

7 Required certificates, licences or qualifications

8 Recognised organisations

9 Penal provisions

Division 3 Application and review process

10 Applications to which this Division applies

11 Form and content of application

12 Request for further information etc

13 Notification of applicant of progress of application

14 Period for consideration of application

15 Decision on application and notification of decision

16 Reviewable decisions

17 Internal review of decisions

18 Review by ART

Division 4 Approved forms and official log books

19 Approved forms

20 Official log books

Division 5 Publication of information about vessels

21 AMSA may publish information

Division 6 Opting-in to coverage

22 Opt-in declaration — prescribed matters

23 Revocation of opt-in declaration — prescribed matters

Division 6A Reporting of marine incidents

23A Reporting of marine incidents to AMSA

Division 7 Infringement notices

24 When infringement notice can be given

25 Contents of infringement notice

26 Giving the notice

27 Time for payment of penalty

28 Extension of time to pay

29 Payment by instalments

30 Withdrawal of infringement notice

31 Notice of refusal

32 Payment of penalty if infringement notice not withdrawn

MO 1 organises a small set of recurring administrative concepts that Marine Orders can rely on. The principal concepts, drawn from the Order, are:

Interpretive anchoring and defined terminology (Div 2, s 6). The Order provides standard definitions for frequently used terms such as “equivalent”, “use, of an equivalent”, “recognised organisation”, “decision maker”, “GT”, “IMO”, “length” and other technical and organisational terms. These definitions apply in “a Marine Order, unless otherwise provided” (s 6), so Marine Orders may adopt them wholesale and avoid duplication.
Application and decision process (Div 3, ss 10-18). Where a Marine Order requires applications to AMSA for equivalents, exemption or modification, those applications must generally follow MO 1’s process. Requirements include written applications in the approved form, payment of any application fee, a supporting statement setting out the grounds (s 11(1)(a)(i)-(iv)), and AMSA’s power to request further information from the applicant or third parties (s 12). AMSA must notify the applicant about progress (s 13) and decide within 90 days (s 14-15). Decisions are reviewable internally (s 17) and to the Administrative Review Tribunal (s 18), subject to some exceptions.
Recognised organisations (s 8, Schedule 1). MO 1 prescribes specific corporations and associations as recognised organisations for the Navigation Act definition. The schedule lists nine organisations (for example ABS, BV, LR, DNV GL, Class NK, RINA), and the note states AMSA has agreements with each for surveying and certification.
Opt‑in declarations and revocations (Div 6, ss 22-23). MO 1 operationalises subsections of the Navigation Act by prescribing form and matters AMSA must be satisfied about before making or revoking an opt‑in declaration. Prescribed matters include class status with a recognised organisation, exclusion of certain vessel classes, inspection where AMSA considers it necessary, compliance with Maritime Labour Convention obligations for specific vessel classes, and applicable safety management or operational requirements (s 22(2)(a)-(e)).
Official forms and log books (Div 4, ss 19-20). Where AMSA approves forms for Marine Order purposes, that approved form must be used (s 19). The official log book required under the Navigation Act must be in the approved form (s 20).
Publication of vessel information (Div 5, s 21). MO 1 prescribes a list of vessel data that AMSA may publish, including vessel name, IMO number, recognised organisation responsible for surveys, company on the Safety Management Certificate, country of registration, tonnage, year of build, cargo type, owner/charterer as provided, inspection dates, deficiencies and details of detentions.
Reporting of marine incidents (Div 6A, s 23A). MO 1 prescribes a 4‑hour deadline for preliminary reports and 72 hours for detailed reports by owners and masters as required by the Navigation Act.
Infringement notice regime (Div 7, ss 24-37). AMSA or an inspector may issue an infringement notice where there are reasonable grounds that a person contravened a civil penalty provision. The infringement penalty is one‑fifth of the maximum court penalty for the contravention (s 24). Detailed procedural rules cover content of notices (s 25), methods and time limits for giving notices (s 26), payment periods (s 27), extensions (s 28), instalments (s 29), withdrawal (s 30), evidentiary certificates for hearings (s 36), and that issuing an infringement notice is not compulsory (s 37).
Transitional carry‑over (Div 8, ss 39-41). MO 1 preserves existing certificates and certain things done under the Navigation Act 1912 by mapping them to corresponding provisions in the Navigation Act and MO 1 until expiry or revocation.

These concepts create repeatable, uniform administrative mechanics used across Marine Orders. Where a Marine Order “provides that an application must be made in accordance with this Order” (s 10), the applicant and AMSA will engage under the MO 1 machinery unless the specific Marine Order varies the process (s 10(3)). The Order therefore functions as both a procedural default and a template that can be varied where a Marine Order expressly does so.

MO 1 affects multiple categories of regulated and regulatory participants by allocating obligations, decision rights and processes:

Vessel owners and operators. Owners who seek opt‑in declarations for their vessels under the Navigation Act must meet the prescribed matters in s 22, including being in class with a recognised organisation (s 22(2)(a)), complying with class or operational exclusions (s 22(2)(b)), being inspected if AMSA requires (s 22(2)(c)), and satisfying safety management and (for certain vessels) Maritime Labour Convention requirements (s 22(2)(d)-(e)). Owners are also affected by the requirement to keep the official log book in the approved form (s 20) and by incident reporting timeframes (s 23A). Vessel owners may be parties to applications for exemptions, equivalents or modifications under ss 10-11, and they bear the costs of applications, any fees and responding to AMSA requests for information (s 11, note to s 11).
Masters and crew. Masters and, indirectly, crew are affected by the incident reporting provisions under s 23A which apply to owners and masters under the Navigation Act cross‑references. Log book requirements in s 20 affect record keeping and the master’s duties on board.
Applicants for equivalents, exemptions and modifications. Individuals or entities applying for approvals must submit written applications in the approved form, include a supporting statement and pay any application fee (s 11(1)). They must be prepared to supply further information on request (s 12) and to have AMSA request information from third parties including foreign governments and recognised organisations (s 12(2)).
Recognised organisations and class societies. The corporations and associations listed in Schedule 1 are prescribed as “recognised organisations” for the Navigation Act definition (s 8, Schedule 1). The schedule notes that AMSA has agreements with these organisations for survey and certification services. Those organisations are therefore formally integrated into Australia’s delegation model for surveys and certification.
AMSA decision makers and inspectors. AMSA as an agency, officers holding or performing specified positions and inspectors are the decision makers named or identified by delegation (definition of decision maker in s 6; notes and cross‑references). AMSA (or inspectors) also have powers to give infringement notices (s 24), request information (s 12) and approve forms (s 19).
Third parties providing information or services. MO 1 expressly enables AMSA to ask third parties for information or agreements needed to decide an application (s 12(2)(a)-(e)). This includes foreign governments, international organisations, Commonwealth agencies, State and Territory maritime agencies and private actors such as recognised organisations and companies that provide cargo testing services (s 12(2) note‑examples).
Persons subject to civil penalty provisions in Marine Orders. The infringement notice regime (Div 7) targets persons who are alleged to have contravened civil penalty provisions in Marine Orders; such persons may be offered an administrative penalty equal to one‑fifth of the maximum judicial penalty (s 24), and payment discharges liability (s 33).
Parties with transitional certificates or authorisations under the Navigation Act 1912. MO 1 carries over a range of certificates and “things done” under the old Act to the Navigation Act regime until expiry or revocation (ss 40-41, tables).

The text also places indirect obligations: for example, a vessel owner seeking opt‑in must be “in class” with a recognised organisation (s 22(2)(a)), which creates an operational tie between owners and Schedule 1 organisations. Applicants should be aware that AMSA may require inspection (s 22(2)(c)) and may seek third party evidence (s 12(2)), so the practical effect is that owners and applicants must coordinate with surveyors, recognised organisations and potentially regulators in other jurisdictions.

MO 1 imposes procedural duties and establishes rights to decision review, while conferring administrative discretions on AMSA. The key duties and rights are:

Duties of applicants and regulated parties

Use approved forms and include required content. Applications covered by Div 3 must be in writing, in the approved form (if any), be accompanied by any application fee, include a supporting statement setting out the grounds for the application and include any other information a Marine Order requires (s 11(1)(a)(i)-(v)). Approved forms must be used where AMSA approves one (s 19).
Respond to AMSA requests for information. AMSA may request further information or documents from the applicant (s 12(1)). AMSA may also request information, documents or agreements from third parties, including foreign governments, international organisations, Commonwealth entities, State/Territory maritime agencies and persons performing maritime safety functions (s 12(2)).
Keep the official log book in the approved form. Regulated Australian vessels must maintain the official log book in the approved form (s 20).
Maintain class and safety management requirements where opting in. To obtain an opt‑in declaration an applicant must be in class with a recognised organisation and maintain the vessel in accordance with that organisation’s class requirements (s 22(2)(a)), and must comply with safety management requirements in MO 58 or applicable NSCV operations (s 22(2)(e)). For certain vessel classes (Class 1B or 2B), MLC compliance after 19 August 2013 is prescribed (s 22(2)(d)).
Report marine incidents within prescribed timeframes. Owners and masters must report preliminary reports within 4 hours and detailed reports within 72 hours as required by the Navigation Act provisions referenced (s 23A).
Pay infringement penalties or contest them. If an infringement notice is issued, the recipient must pay the penalty within the prescribed period (s 27), or apply for an extension (s 28) or instalments (s 29), or apply for withdrawal (s 30).

Rights of applicants and regulated parties

Right to a decision within 90 days. AMSA must decide applications covered by Div 3 within 90 days of receipt of the application or within 90 days after receiving requested information (s 14). If AMSA fails to decide in time it is taken to have decided not to approve or grant the exemption (s 15(2)).
Right to reasons for refusal. When AMSA decides an application, it must notify the applicant of the decision and any conditions and, if not approving or refusing an exemption, provide reasons for the decision (s 15(1)(b)(ii)(A)-(B)).
Internal review and tribunal review. A person affected by a reviewable decision (normally a decision under s 15 other than decisions made under the Navigation Act itself) may apply for internal review by AMSA within 90 days or a longer period determined by AMSA (s 17(1)). AMSA must conduct the internal review and notify the applicant of the outcome within 28 days of receipt (s 17(2)-(4)). A person affected by an internal review decision may apply to the Administrative Review Tribunal for review (s 18).
Protection in infringement proceedings. If an infringement notice is paid in time, the payer’s liability for the contravention is discharged and further proceedings cannot be taken for that contravention; the person is not taken to have done the contravention (s 33(1)). If a person elects not to pay and is later found to have contravened, the court must not take into account the person’s choice not to pay in determining penalty (s 35).

AMSA powers and discretions

Discretion to make procedural requests and investigations. AMSA can request additional information from applicants and third parties (s 12), require inspections before making opt‑in decisions (s 22(2)(c)), and determine the form and conditions of approvals, equivalents and exemptions under Marine Orders (Div 3 framework).
Discretion to issue, withdraw or refuse infringement notices. AMSA or an inspector may give an infringement notice where there are reasonable grounds for believing a civil penalty provision has been contravened (s 24). AMSA may withdraw an infringement notice if satisfied it is proper to do so (s 30(1)), and must consider specified factors in deciding withdrawal applications (s 30(4)).
Delegation and approval rights. AMSA may approve forms for Marine Order provisions (s 19) and specific AMSA positions are named in definitions as decision makers (s 6). The Order’s notes also direct users to AMSA’s website for delegation details.

Other duties and constraints in the text

Penal provisions and limits. A provision expressly followed by “This is a penal provision” in an Order will be a penal provision under the relevant Act (s 9). The Order’s notes remind readers that penalties in Orders under the Navigation Act cannot exceed 50 penalty units for individuals and 250 penalty units for bodies corporate (s 9, note 2 referencing Navigation Act and Crimes Act). Orders under the AFS Act cannot impose penalties (s 9, note 1 referencing s 24 of AFS Act).
Evidentiary certificates. MO 1 provides that certain AMSA or inspector certificates are admissible evidence in hearings concerning purported infringement notices (s 36).

These duties and rights form the skeleton of administrative interactions under Marine Orders that adopt MO 1. The Order allocates procedural burdens to applicants and enforcement options to AMSA while preserving review rights for affected persons.

MO 1 provides an enforcement toolkit that focuses on civil penalties and administrative infringement notices for contraventions of civil penalty provisions contained in Marine Orders. Key enforcement mechanics and penalty‑related features in the text are:

Infringement notice as enforcement alternative (s 24). If there are reasonable grounds for believing a person has contravened a civil penalty provision, AMSA or an inspector may give an infringement notice offering the person the option to pay an infringement notice penalty equal to one‑fifth of the maximum penalty that a court could impose for the contravention. The text therefore creates a simplified administrative enforcement pathway as an alternative to civil or criminal court proceedings, specifically tied to civil penalty provisions in Marine Orders.
Content and effect of an infringement notice (ss 25, 33). Section 25 sets detailed content requirements for the notice including particulars of the alleged contravention, the maximum court penalty, the amount payable, and statements advising the recipient of options to pay, seek extensions, request withdrawal, and the legal consequences of payment. If paid in accordance with the Division, payment discharges the person’s liability for the contravention, prevents further proceedings for that contravention and means the person is not taken to have done the contravention (s 33(1)).
Time limits for issuing and paying (ss 26-27). Infringement notices must be given within 12 months after the alleged contravention occurred (s 26(1)). The notice must be given by hand, mail or by leaving it at the last known address; for bodies corporate special rules apply for registered offices (s 26(2)). Payment is required within 28 days after the notice is given unless another period is specified (s 27).
Extension, instalments and withdrawal procedures (ss 28-30). AMSA may grant a further period for payment if satisfied it is reasonable (s 28). Applicants may apply for instalment arrangements (s 29). AMSA may withdraw an infringement notice if satisfied it is proper to do so; applicants can apply for withdrawal within 28 days and AMSA must consider specified factors including prior contraventions and previous infringement notices of the same kind (s 30(1)-(4)). If withdrawn, any paid amount must be repaid (s 30(5)).
Evidentiary certificates and presumptions (s 36). Certain AMSA or inspector certificates are evidence of facts in hearings, for example that a notice was given and not paid, or that a notice was withdrawn. A certificate that purports to have been signed by AMSA or an inspector is taken to have been signed unless the contrary is proved (s 36(2)). This lowers AMSA’s evidentiary burden in proving procedural steps in court.
Non‑compulsory use and preservation of court remedies (s 37). The Division does not require AMSA to issue an infringement notice in any given case (s 37(a)). The existence, withdrawal or non‑issuance of infringement notices does not affect a person’s liability to be prosecuted for the alleged contravention, nor does it limit the maximum penalty a court may impose (s 37(b)-(c)). This preserves prosecutorial discretion and full court remedies alongside the administrative option.
Interplay with penal provisions and penalty caps (s 9 notes). MO 1 notes that certain Marine Order provisions may be “penal provisions” under the relevant enactment; Orders under the Navigation Act may directly impose penalties (subject to statutory caps of 50 penalty units for individuals and 250 for bodies corporate) and may also impose civil penalties. The Order also notes that AFS Act Orders cannot impose penalties (s 9, note 1).

Operational consequences embedded in the text

Administrative enforcement is priced relative to the court maximum. The infringement notice penalty equals one‑fifth of the maximum court penalty for the contravention (s 24). The legal effect of payment is a discharge of liability and preclusion of further proceedings for that contravention (s 33). These rules create a predictable, capped administrative remedy that AMSA can deploy to resolve contraventions quickly and without court costs.
Procedure and timing favour AMSA efficiency. The evidentiary certificates (s 36) and the prescribed content and service methods (s 25-26) streamline AMSA’s ability to prove compliance with procedural steps if a matter proceeds to court. The 12‑month window to issue a notice (s 26(1)) sets a statutory limitation for AMSA’s use of the infringement pathway.
Preservation of contest rights. Despite an administrative option, persons retain the ability to not pay and contest alleged contraventions in court. A court deciding penalty must not penalise a person for their decision not to pay an infringement notice (s 35). Further, AMSA’s use of the infringement mechanism is not mandatory and has no preclusive effect on prosecutorial options (s 37).

In short, MO 1 equips AMSA with an administrative, mid‑spectrum enforcement instrument. The Order balances administrative efficiency, via an inexpensive, capped penalty and streamlined evidence, with the preservation of court remedies and review rights for affected persons.

MO 1 is explicitly framed as an administrative companion instrument to primary maritime statutes and international instruments. The Order cross‑references and implements aspects of the Navigation Act, the AFS Act, the Pollution Prevention Act and international maritime instruments. The main interactions in the text are:

Navigation Act 2012. MO 1 is made under subsection 342(1) of the Navigation Act (s 4(8)) and implements multiple Navigation Act mechanics. It operationalises opt‑in procedures (ss 22-23) referenced in ss 25-26 of the Navigation Act, prescribes the official log book form required by subsection 309(2) of the Navigation Act (s 20), prescribes information AMSA may publish for the purposes of section 336 of the Navigation Act (s 21), and provides for applications and reviews where a Marine Order refers to this Order’s application process (Div 3). The Order also notes that Marine Orders may directly impose penalties under the Navigation Act and points to the statutory caps (s 9 notes).
Protection of the Sea (Harmful Anti‑fouling Systems) Act 2006 (AFS Act). MO 1 is made under section 24 of the AFS Act (s 4(9)). The Order notes that Orders under the AFS Act cannot impose penalties for contravention (s 9 note 1). That constraint affects the enforcement choices available when MO 1 provisions are relied on under the AFS Act.
Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (Pollution Prevention Act). MO 1 is made under subsection 34(1) of the Pollution Prevention Act (s 4(11)). The Order’s note points to existing subordinate regulations under that Act that govern penal consequences for failure to comply with Orders (s 9 note 1 referencing subregulation 4(1) of the Protection of the Sea (Prevention of Pollution from Ships) (Orders) Regulations 1994).
International conventions and codes. MO 1 incorporates and references international maritime instruments as normative backstops. Definitions and obligations in s 6 refer to SOLAS, MARPOL, STCW Code, the Tonnage Convention, the International Convention on Load Lines and the ISM Code. The Order allows “equivalents” to international requirements (definition of equivalent in s 6) and contemplates approvals for equivalent guidelines (s 11(2)).
Administrative Review regime. MO 1’s internal review and external review routes reference the Administrative Review Tribunal Act 2024 for tribunal review rights (s 17(5)-(6), s 18). The Order directs applicants to the Administrative Review Tribunal for merits review where applicable.
Criminal Code and Crimes Act. MO 1’s application requirements carry a warning that giving false or misleading information is an offence under the Criminal Code (note to s 11 referencing subsections 136.1 and 137.1 of the Criminal Code). Penalty unit caps are referenced via the Crimes Act (s 9 note 2).
AMSA Act. MO 1 repeatedly links to AMSA’s statutory powers under the Australian Maritime Safety Authority Act, including AMSA’s ability to make orders and to set fees for processing applications (s 4 references, note to s 11 referencing s 47 of the AMSA Act).
State and Territory law and the National Law. MO 1’s definition of “national law” and references to the National Standard for Commercial Vessels (NSCV) and the USL Code demonstrate interface with domestic regulatory frameworks administered by States and Territories (s 6 definitions, note references).

Operational interface effects in the text

Delegation of survey and certification. By prescribing specific recognised organisations in Schedule 1 and noting AMSA agreements with them, MO 1 creates a delegation pathway for international certificates to be issued under Australian authority consistent with the Navigation Act and international conventions (s 8; Schedule 1 note).
Preservation of legacy certificates and acts. The transitional provisions in Div 8 map specified certificates and things done under the Navigation Act 1912 into the Navigation Act and MO 1 framework so that historical authorisations continue to have effect until expiry or revocation (ss 40-41).
Enforcement limits depending on enabling Act. The Order clarifies the limits imposed by the enabling Act: for example, AFS Act Orders cannot impose penalties (s 9, note 1), while the Navigation Act expressly permits direct penalties and civil penalty regimes (s 9, note 2). This affects which enforcement tools AMSA may deploy depending on the statutory basis of a particular Marine Order.

In short, MO 1 functions as an administrative linchpin that coordinates AMSA’s exercise of statutory powers under multiple maritime statutes and aligns Australian domestic practice with international maritime instruments through definitions, delegation to recognised organisations and prescribed administrative procedures.

MO 1 was originally registered on 13 December 2013 and commenced on 14 December 2013 (compilation table). The compilation at the head of the instrument shows later amendments. The Order includes its own internal table of amendments and the compilation note lists specific amending Marine Orders. The amendment history recorded in the instrument includes the following entries:

Marine Order 1 (Administration) 2013 (MO 2013/17), registered 13 December 2013, commenced 14 December 2013. This is the original instrument.
Marine Order 81 (Administration amendment) 2016 (MO 2016/18), registered 12 December 2016, commenced 13 December 2016. The table of amendments records that s 6 and Schedule 1 were amended by MO 2016/18 and that s 23A was added by that instrument (see table of amendments row for 23A: “ad. MO 2016/18”).
Marine Orders Amendment (Marine Order 47 , consequential changes) Order 2019 (MO 2019/5), registered 16 October 2019, commenced 1 November 2019. The table of amendments records that s 6 was amended by MO 2019/5.
Marine Orders Amendment (Marine Order 27 , consequential changes) Order 2023 (MO 2023/10), registered 12 December 2023, commenced 1 January 2024. The table of amendments records s 6 was amended by MO 2023/10.
Marine Orders Miscellaneous Amendment Order 2024 (MO 2024/2), registered 15 October 2024, commenced 16 October 2024. The table of amendments records multiple amendments by MO 2024/2: s 17 and s 18 were amended by MO 2024/2; s 22 was amended by MO 2024/2; and s 2 and s 38 changes relate to the Legislation Act amendments noted in the table. The compilation also states that the current compilation includes amendments in Marine Orders Miscellaneous Amendment Order 2024 (compiled 16 October 2024, prepared 28 October 2024).

Specific section amendment notes in the instrument’s table of amendments include:

s 2 and s 38: references to parts of the Legislation Act 2003 were repealed (table row indicates “rep. Legislation Act 2003, s 48D” and “rep. Legislation Act 2003, s 48C”).
s 6: multiple amendments across 2016, 2019 and 2023 (table row: “am. MO 2016/18; am. MO 2019/5; am. MO 2023/10”).
s 23A: added in 2016 (table row: “ad. MO 2016/18”).
Schedule 1: amended in 2016 to reflect changes to the recognised organisations list (table row: “am. MO 2016/18”).

The Schedule 1 note indicates the recognised organisations and acronyms were current on commencement of the Order; that note implicitly recognizes the need to update the schedule when AMSA’s arrangements change. The Order’s amendment table provides the authoritative record of the instruments that have altered MO 1 through 2024.

Users relying on MO 1 should note the explicit compilation dates (compilation no. 4, compilation date 16 October 2024; prepared 28 October 2024) and the listed amending instruments for the authoritative amendment track.

The text of MO 1 itself does not record or reference any judicial decisions or litigation determinations. The instrument contains no case citations and does not summarise any court rulings. The Order establishes administrative rights to internal review by AMSA (s 17) and merits review to the Administrative Review Tribunal (s 18), and it cross‑references relevant provisions of the Navigation Act that are subject to judicial or tribunal review (for example, the note to s 16 indicating some Navigation Act decisions are reviewable under s 313 of the Navigation Act). Aside from those procedural cross‑references, MO 1 contains no express litigation history.

Practitioners looking for judicial interpretation of MO 1’s provisions will therefore need to search court and tribunal records outside the instrument for decisions applying or construing MO 1 or the Marine Orders that adopt it. The Order’s own text reminds users of the Administrative Review Tribunal Act 2024 and the Administrative Review Tribunal’s role for merits review of internal review decisions (s 17(5)-(6); s 18), signalling the available administrative appeal route rather than any recorded precedent in the instrument.

The Order contains several specific operational traps and technical details that practitioners should note because they affect timing, evidentiary posture, procedural exposure and delegation:

Deemed refusal if AMSA does not decide within 90 days. An applicant’s application is treated as refused if AMSA does not decide within the 90‑day statutory period set out in s 14 and s 15(2). This can lead to an automatic negative outcome unless a Marine Order varies the period. Applicants should track timeframes carefully and seek extension or internal review options promptly.
Application form, supporting statement and false‑information offence. Applications must be in writing in an approved form and include a supporting statement setting out the grounds for the application (s 11(1)(a)(i)-(iv)). The note to s 11 warns that giving false or misleading information in an application is an offence under the Criminal Code (note to s 11 referencing ss 136.1 and 137.1). Practitioners must ensure factual accuracy and appropriate legal vetting of supporting statements.
AMSA’s power to request third‑party information and potential delays. AMSA may seek information from foreign governments, international organisations, Commonwealth agencies, State/Territory maritime agencies and private service providers (s 12(2)). These enquiries can lengthen the decision process; s 13 requires AMSA to notify applicants when such requests are made and advise how they affect the decision period, but delays may still occur while AMSA gathers externally held data.
Recognised organisations list is prescriptive. Schedule 1 prescribes a specific set of recognised organisations (s 8). The Schedule note states AMSA has agreements with those organisations. If a survey or certification provider is not listed, it is not a prescribed RO under MO 1. Users should check whether a given Marine Order requires class or survey by a prescribed RO and whether Schedule 1 has been updated since the instrument’s compilation date.
Opt‑in exclusions and conditions. Section 22(2)(b) excludes specific vessel classes from eligibility for opt‑in declarations. The definition of classes and the NSCV service categories may be technical; owners seeking opt‑in must ensure their vessel’s class does not fall into an excluded category and must also ensure compliance with safety management requirements and MLC obligations where applicable (s 22(2)(d)-(e)).
Infringement notice time limits and evidentiary certificates. An infringement notice must be given within 12 months after the alleged contravention occurred (s 26(1)). In hearings, AMSA certificates are prima facie evidence of procedural facts such as service and payment status (s 36), and are presumed to be signed by the stated AMSA officer unless the contrary is proved (s 36(2)). Respondents should be prepared to challenge the facts or produce contrary evidence if procedural certificates are used.
Effect of paying an infringement notice. Payment discharges liability and prevents further proceedings for the contravention, and the person is not taken to have done the contravention (s 33). Payment is therefore a final, non‑admission resolution. If a respondent prefers to preserve the opportunity to contest liability or establish a different legal record, paying removes that avenue.
AMSA’s non‑compulsory use of infringement notices. Because AMSA is not required to issue an infringement notice (s 37(a)), regulated parties cannot assume that an alleged contravention will be dealt with administratively rather than by prosecution. The existence of the infringement pathway does not curtail prosecutorial options (s 37).
Reporting deadlines for marine incidents are tight. Preliminary reports must be given within 4 hours and detailed reports within 72 hours (s 23A). Practitioners should have incident response processes that can meet those timeframes, including collecting witness and vessel data promptly.
Transitional certificates and perpetual tonnage certificates. The transitional tables in ss 40-41 carry over many historical certificates, but note the special treatment of perpetual tonnage measurement certificates under section 405F of the Navigation Act 1912 which the Order treats as continued unless revoked (s 40(2)). Entities holding perpetual tonnage certificates must check the continuing validity conditions in MO 1.
Delegation and decision maker definitions. The “decision maker” is defined to include persons to whom AMSA has delegated power and named AMSA positions (s 6). Users should verify the delegations in force on AMSA’s website to understand who can make or review a specific decision.
Penalty caps and differences across enabling Acts. The Order notes that Orders under the Navigation Act may impose penalties subject to statutory caps and that Orders under the AFS Act cannot impose penalties (s 9 notes). Users should check which Act is the legal basis for any particular Marine Order to understand enforcement options.

These practical details are technical but can materially affect timing, evidentiary strategy and the choice between administrative resolution and litigation. Practitioners should build checklists mapped to the specific subsections cited above to avoid procedural surprises.

Compliance under MO 1 is largely procedural and administrative. The following practical checklist maps MO 1’s requirements to actionable compliance steps for owners, masters, applicants and advisers, with explicit references to the Order.

For applicants seeking equivalents, exemptions or modifications (Div 3, ss 10-15)

Use the approved form. Confirm whether an approved form exists and use it (s 11(1)(a)(ii); s 19). Approved forms are published on AMSA’s website per the Order’s notes.
Provide the supporting statement and any required documents. Include a clear supporting statement that sets out the legal and factual grounds for the application and attach any documents a Marine Order specifically requires (s 11(1)(a)(iv)-(v)).
Pay any application fee. Check whether an application fee applies and pay it with the submission (s 11(1)(a)(iii); note to s 11 referencing s 47 of the AMSA Act).
Ensure factual accuracy to avoid Criminal Code exposure. Verify all statements and documents, because providing false or misleading material is an offence under the Criminal Code (note to s 11). Obtain legal or technical verification of technical claims where appropriate.
Anticipate and comply with AMSA information requests. AMSA may request further information from the applicant or third parties (s 12). If AMSA requests information from third parties, provide authorisations where needed to allow AMSA to obtain material faster. Use s 13’s obligation on AMSA to notify applicants of requests and the effect on timeframes to monitor progress.
Monitor the 90‑day decision period. AMSA must decide within 90 days after receiving the application or after receiving all requested information (s 14). If the application is time‑critical, keep communication channels open and consider applying for any process variations allowed by the particular Marine Order (s 10(3)).

For vessel owners considering opt‑in under the Navigation Act (Div 6, ss 22-23)

Confirm class and maintenance with a recognised organisation. Ensure the vessel is in class with a Schedule 1 recognised organisation and is maintained in accordance with their class requirements (s 22(2)(a)). Obtain written confirmation of class status and maintenance records.
Check excluded classes and vessel classification. Confirm the vessel is not in any of the classes excluded by s 22(2)(b) (recreational vessel; Class 1E; Classes 2D/2E; Classes 3B-3E; Classes 4C-4E). Where classification is technical, consult the NSCV and relevant classification rules.
Prepare for inspection if AMSA requires it. AMSA may require inspection prior to making an opt‑in decision (s 22(2)(c)). Ensure the vessel is available for inspection and that records and safety management systems are accessible.
Ensure MLC compliance where relevant. If the vessel is Class 1B or 2B and the application is after 19 August 2013, ensure compliance with Maritime Labour Convention obligations applicable to the vessel’s size (s 22(2)(d)).
Ensure safety management or NSCV compliance. Confirm compliance with safety management requirements in Marine Order 58 or NSCV Part E operations as required (s 22(2)(e)).

For record keeping and incident reporting (Div 4, s 20; Div 6A, s 23A)

Keep the official log book in the approved form. Use the approved official log book form published by AMSA and maintain required entries (s 20).
Implement incident reporting procedures. Create an incident reporting checklist that allows a preliminary report within 4 hours and a detailed report within 72 hours (s 23A). Identify who is authorised to make reports, what data must be captured immediately and how to use AMSA’s approved reporting forms.

For potential contraventions and dealing with infringement notices (Div 7, ss 24-37)

If given an infringement notice, check content and deadlines. Ensure the notice contains the elements required by s 25. Note the 28‑day payment period (s 27) and the 12‑month limit for AMSA to give notices (s 26(1)).
Consider extension or instalment applications. Apply under s 28 for an extension of time if circumstances justify it. If cashflow is an issue, apply under s 29 for payment by instalments and keep records of the application and AMSA’s decision.
Consider withdrawal application and evidence. If disputing facts, use s 30 to apply for withdrawal within 28 days and supply facts, prior history, and other relevant matters listed at s 30(4). If AMSA refuses withdrawal, note that the refusal notice must state that payment within 28 days prevents prosecution (s 31).
Be aware of evidentiary certificates. If matters proceed to court, AMSA certificates under s 36 are prima facie evidence of procedural facts. Prepare contemporaneous evidence to rebut any erroneous procedural certificate.

For interaction with recognised organisations and surveys (s 8, Schedule 1)

Confirm which recognised organisation is authorised for the vessel. If a Marine Order requires survey or certificates by a recognised organisation, ensure the organisation is one of those prescribed in Schedule 1 or that alternative arrangements are lawful under the Marine Order.
Maintain documentation of surveys and class renewals. Keep copies of survey reports, class certificates and communication with the recognised organisation so that AMSA requests (s 12) or opt‑in checks (s 22) can be satisfied promptly.

For internal review and tribunal appeals (ss 17-18)

File internal review applications in time. If affected by a reviewable decision, apply for internal review to AMSA within 90 days or within any longer period AMSA permits (s 17(1)). Keep records of the application and AMSA’s decision, and note AMSA must notify of outcomes within 28 days (s 17(4)).
Prepare for tribunal review. If dissatisfied with the internal review outcome, consider Administrative Review Tribunal merits review (s 18) and the right to request a statement of reasons under s 268 of the Administrative Review Tribunal Act 2024 as noted in s 17(5).

Practical implementation tips

Use checklists tied to specific subsections. Map each compliance task to the MO 1 subsection that imposes it (for example, incident reporting to s 23A; opt‑in matters to s 22).
Build documentary evidence bundles for applications. Provide clear technical justification for equivalents, exemptions or modifications, with corroborating survey reports and certification.
Maintain relations with prescribed recognised organisations. Because Schedule 1 prescribes specific ROs and AMSA has agreements with them, maintain up‑to‑date contact and documentation to expedite inspections and opt‑in processes.
Track amendment history and AMSA websites. Because MO 1 cross‑references AMSA’s website for approved forms and delegation details, check AMSA’s current online resources when preparing applications or responses.

Following the procedural rules and being organised about documentary evidence, timeframes and third‑party coordination are the most direct compliance levers MO 1 requires.

Marine Order 1 (Administration) 2013

Plain English Summary

Deep Dive

What it does

Current sections

Marine Order 1 (Administration) 2013

Source text: opening excerpt

1 Marine Order 1 (Administration) 2013

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply