Marine Order 27 (Safety of navigation and radio equipment) 2023

This Marine Order replaces Marine Order 27 (Safety of navigation and radio equipment) 2016 and establishes the 2023 version to commence on 1 January 2024, repealing the earlier instrument (ss 1A, 1B). Mechanically it: (a) reproduces and gives domestic effect to multiple provisions of the International Convention for the Safety of Life at Sea 1974 (SOLAS), in particular Chapter IV (Radiocommunications) and selected Regulations of Chapter V (Safety of navigation) (s 2(b)); (b) sets out obligations for owners and masters of both regulated Australian vessels and foreign vessels calling in Australian jurisdiction, including carriage, maintenance, testing and operational use of navigational and radio equipment (see Divisions 2 and 3); (c) prescribes safety, urgency and distress communication procedures and duties for ship stations and operators, including priorities and the formats required by the Radio Regulations (Div 4); (d) requires EPIRBs fitted to regulated Australian vessels to be registered with AMSA and disposed of according to manufacturer instructions (s 30); and (e) preserves existing exemptions and approvals in force immediately before the repeal through transitional provisions (ss 42, 43).

The Order establishes a two-track compliance architecture. Where Chapter IV or V of SOLAS applies to a vessel, the Marine Order imports SOLAS standards directly by reference, requiring compliance with SOLAS functional, type approval, watchkeeping and maintenance requirements (for example ss 27(1), 28(1), 29(1)). For regulated Australian vessels to which SOLAS does not apply, the Order sets out alternative functional requirements and, in Schedule 2, specific arrangements that, if implemented, are treated as meeting those functional requirements (ss 28(2), 28(3), Schedule 2). AMSA is the decision-maker for exemptions and approvals in relation to regulated Australian vessels, and the Marine Order refers applicants to the application processes in Division 3 of Marine Order 1 (Administration) 2013 (ss 7-8, notes).

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AMSA MO 2023/9

Marine Order 27 (Safety of navigation and radio equipment) 2023

I, Michael Kinley, Chief Executive Officer of the Australian Maritime Safety Authority, make this Order under subsection 342(1) of the Navigation Act 2012.

Dated 11 December 2023

Michael Kinley Chief Executive Officer

Division 1 Preliminary

1 Name of Marine Order

1A Commencement

1B Repeal of Marine Order 27 (Safety of navigation and radio equipment) 2016

2 Purpose

3 Power

4 Definitions

5 Interpretation

6 Application

7 Exemptions

8 Equivalents

Division 2 Navigation safety

Subdivision 2.1 Navigation safety measures

9 Cooperation with search and rescue services

10 Ship reporting systems

11 Ships’ routeing

12 Use of heading or track control systems

13 Records of navigational activities and daily reporting

14 Safe navigation and avoidance of dangerous situations

15 Persons not to interfere with master’s decisions

Subdivision 2.2 Navigational safety equipment etc

16 Bridge design, bridge procedures, design and arrangement of navigational systems and equipment

17 Maintenance of navigational equipment

18 Electromagnetic compatibility

19 Navigational systems and equipment — performance standards

20 Navigational systems and equipment — installation and use requirements etc

21 Long-range identification and tracking of vessels

22 Voyage data recorders

23 International Code of Signals and IAMSAR Manual

24 Nautical charts and nautical publications

25 Magnetic compass

26 Other equipment

Division 3 Radio installations and radio equipment

27 Radio installations and carriage requirements for radio equipment etc

28 Functional requirements for radio installations and equipment

29 Other requirements for radio installations and equipment — type approval, performance standards, maintenance etc

30 EPIRBs — registration and disposal

Division 4 Safety, urgency and distress communications

Subdivision 4.1 Safety communications including safety signals and danger messages

31 Safety signals and danger messages — prescribed matters

32 Records of dangers and danger messages

33 Transmission of safety communications and danger messages

34 Duties of persons hearing safety communications

Subdivision 4.2 Urgency and distress communications

35 Transmission of urgency communications

36 Transmission of distress communications

37 Duties of persons hearing urgency or distress communications

Division 5 Other matters

38 Obligations and procedures in relation to persons in distress at sea

39 Life-saving signals to be used by ships, aircraft or persons in distress

40 Misuse of flares etc

41 Documentation requirements — general

Division 6 Transitional arrangements

42 Continuation of exemptions

43 Approvals

Schedule 1 Compass deviation book information

Schedule 2 Radio installations and equipment — regulated Australian vessels to which Chapter IV of SOLAS does not apply

Division 1 Preliminary

1 Name of Marine Order

This Order is Marine Order 27 (Safety of navigation and radio equipment) 2023.

1A Commencement

This Marine Order commences on 1 January 2024.

1B Repeal of Marine Order 27 (Safety of navigation and radio equipment) 2016

Marine Order 27 (Safety of navigation and radio equipment) 2016 is repealed.

2 Purpose

This Marine Order:

(a) provides for the following:

(i) navigation safety measures and equipment;

(ii) radio equipment;

(iii) safety, urgency and distress communications; and

(b) gives effect to the following:

(i) Chapter IV of SOLAS (Radiocommunications);

(ii) paragraph 7 of Regulation 10 and paragraph 7 of Regulation 11 of Chapter V of SOLAS (Safety of navigation);

(iii) Regulations 15 to 21, 24, 27, 28 and 29, and 31 to 35 of Chapter V of SOLAS.

3 Power

(1) The following provisions of the Navigation Act provide for this Marine Order to be made:

(a) paragraph 309(2)(a) which provides that the regulations may prescribe the entries to be made in an official logbook and when they must be made;

(b) paragraph 339(2)(b) which provides that the regulations may provide for machinery and equipment to be carried on board vessels including for sending or receiving distress, urgency and other signals, radio installations, radio navigational aids and communication equipment, and compasses;

(c) paragraph 339(2)(c) which provides that the regulations may provide for the operation, maintenance, checking and testing of this machinery and equipment;

(d) paragraph 339(2)(g) which provides that the regulations may provide for the equipment to be carried on vessels and measures to be carried out for the saving of life at sea;

(e) paragraph 339(2)(l) which provides that the regulations may provide for logbooks;

(f) paragraph 339(2)(m) which provides that the regulations may provide for records for compliance with the Act;

(g) paragraph 340(1)(a) which provides that the regulations may give effect to SOLAS;

(h) subsection 341(1) which provides that the regulations may provide for the imposition of penalties for a contravention of a provision of the regulations.

(2) Subsection 339(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed, or that are necessary or convenient to be prescribed, for carrying out or giving effect to the Act.

(3) Subsection 342(1) of the Navigation Act provides that AMSA may make a Marine Order about matters that can be provided for by regulation.

4 Definitions

(1) In this Marine Order:

AIS-SART means an automatic identification system search and rescue transmitter capable of operating on frequencies dedicated for AIS (161.975 MHz (AIS1) and 162.025 MHz (AIS2)).

approved means approved by:

(a) for a regulated Australian vessel — the issuing body; or

(b) for a foreign vessel — the government of the country whose flag the vessel is entitled to fly; or

coast station means a land station in the maritime mobile service.

direct-printing telegraphy means automated telegraphy techniques which comply with the relevant recommendations of the ITU.

DSC means digital selective calling, a technique that:

(a) uses digital codes to enable a radio station to establish contact with, and transfer information to, another station or group of stations; and

(b) complies with recommendations of the ITU.

general radio communication means communications other than distress, urgency and safety messages.

GMDSS or Global Maritime Distress and Safety System means a system that performs the functions set out in Regulation 4.1.1 of Chapter IV of SOLAS.

IAMSAR Manual means the International Aeronautical and Maritime Search and Rescue Manual, endorsed by IMO Resolution A.894 (21), as amended from time to time.

International Code of Signals means the International Code of Signals, endorsed by IMO Resolution A.80(4), as amended from time to time.

maritime safety information (MSI) means navigational and meteorological warnings, meteorological forecasts and other urgent safety related messages broadcast to ships.

NAVAREA X is the geographical sea area designated for Australia for broadcasting navigational warnings.

Note The delimitation of the area for NAVAREA X is shown on the AMSA website at https://www.amsa.gov.au.

NAVTEX means the system for the broadcast and automatic reception of maritime safety information by means of narrow-band direct-printing telegraphy.

qualified compass adjuster means a person who:

(a) has a statement of attainment for Compass Adjuster Limited Skill Set or Compass Adjuster Unlimited Skill Set; or

(b) on 30 June 2016 held a compass adjuster licence issued by AMSA under Marine Order 21 (Safety of navigation and emergency procedures) 2012.

Note These skill sets are part of the MAR Training Package.

Radio Regulations has the same meaning as in Regulation 2.1.12 of Chapter IV of SOLAS.

Note The text of the Radio Regulations is available at the International Telecommunication Union website: https://www.itu.int.

recognised mobile satellite service means any service which operates through a satellite system that is for use in the global maritime distress and safety system (GMDSS) and recognised by the IMO.

sea area A1 means an area within the radiotelephone coverage of at least one VHF coast radio station providing a continuous DSC alerting service.

Note Information related to shore-based facilities for the GMDSS, including the designated areas of coverage of sea area A1, is available in the Global Integrated Shipping Information System (GISIS) if this information has been communicated by SOLAS Contracting Governments to the IMO.

sea area A2 means an area, excluding sea area A1, within the radiotelephone coverage area of at least one MF coast radio station providing a continuous DSC alerting service.

Note Information related to shore-based facilities for the GMDSS, including the designated areas of coverage of sea area A2, is available in the Global Integrated Shipping Information System (GISIS) if this information has been communicated by SOLAS Contracting Governments to the IMO.

sea area A3 means an area, excluding sea areas A1 and A2, that is: within the coverage of a recognised mobile satellite service supported by the ship earth station carried on board; and in which continuous alerting is available.

sea area A4 means an area outside sea areas A1, A2 and A3.

ship station means a radio installation on board a vessel.

(2) Any other term that is used in this Marine Order and used or defined in the Radio Regulations, has the meaning given by those Regulations.

Note 1 Some terms used in this Marine Order are defined in Marine Order 1 (Administration) 2013, including:

EPIRB
equivalent
IMO
SOLAS
STCW Code
use.

Note 2 Other terms used in this Marine Order are defined in the Navigation Act, including:

AMSA
GT
inspector
owner
regulated Australian vessel.

Note 3 Information on obtaining copies of any IMO Resolution, IMO document or other document that is mentioned in this Order is available from the AMSA website Marine Orders link at https://www.amsa.gov.au.

Note 4 For delegation of AMSA’s powers under this Marine Order — see the AMSA website at https://www.amsa.gov.au.

5 Interpretation

A reference to the Administration in this Marine Order or in SOLAS, an IMO resolution or other document mentioned in this Marine Order is taken to mean:

(a) for a regulated Australian vessel — AMSA; or

(b) for a foreign vessel — the government of the country whose flag the vessel is entitled to fly.

6 Application

This Marine Order applies to:

(a) a regulated Australian vessel; and

(b) a foreign vessel.

7 Exemptions

(1) A requirement of this Marine Order does not apply in relation to a regulated Australian vessel if AMSA, under this section, exempts the vessel from the requirement.

(2) The owner of a regulated Australian vessel may apply for an exemption of the vessel from a requirement of this Marine Order in accordance with the application process set out in Division 3 of Marine Order 1 (Administration) 2013.

(3) AMSA may give an exemption only if satisfied that:

(a) compliance with the requirement would be unnecessary or unreasonable having regard to the vessel, its equipment and its intended voyage; and

(b) giving the exemption would not contravene SOLAS.

(4) An exemption is subject to any conditions AMSA imposes to ensure the safety of the vessel.

(5) The owner of the vessel must comply with any conditions mentioned in subsection (3).

Note 1 Marine Order 1 (Administration) 2013 deals with the following matters about exemptions and equivalents:

making an application
seeking further information about an application
the time allowed for consideration of an application
imposing conditions on approval of an application
notification of a decision on an application review of decisions.

Note 2 For transitional arrangements for an exemption given from a provision of a previous issue of this Marine Order — see Division 6.

8 Equivalents

(1) A requirement under this Marine Order, in relation to a regulated Australian vessel is taken to be complied with if:

(a) AMSA, under this section, approves the use of an equivalent for the vessel in relation to the requirement; and

(b) the equivalent is used for the vessel in accordance with the approval.

(2) A person may apply, in accordance with the application process set out in Division 3 of Marine Order 1 (Administration) 2013, for approval to use an equivalent.

Note For definitions of equivalent and use — see section 6 of Marine Order 1 (Administration) 2013.

(3) AMSA may approve use of an equivalent only if satisfied that use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative.

Note For transitional arrangements for an approval to use an equivalent that was given under a previous issue of this Marine Order — see Division 6.

Division 2 Navigation safety

Subdivision 2.1 Navigation safety measures

9 Cooperation with search and rescue services

[SOLAS V/7.3]

For a passenger vessel to which Chapter I of SOLAS applies:

(a) the owner must ensure that there is on board the vessel a plan, developed in accordance with paragraph 3 of Regulation 7 of Chapter V of SOLAS, for cooperation with search and rescue services in an emergency; and

(b) the master must conduct periodic exercises in accordance with the plan.

Note Paragraph 3 of Regulation 7 of Chapter V of SOLAS provides that the plan is for emergencies and specifies the parties to be involved in its development. The plan must be based on the Guidelines for preparing plans for co-operation between search and rescue services and passenger ships, approved by IMO Circular MSC.1/Circ.1079, as revised from time to time.

10 Ship reporting systems

[SOLAS V/11.7]

(1) The master of a vessel must comply with paragraph 7 of Regulation 11 of Chapter V of SOLAS.

Penalty: 50 penalty units.

(2) An offence against subsection (1) is a strict liability offence.

(3) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 50 penalty units.

Note Paragraph 7 of Regulation 11 of Chapter V of SOLAS sets out that the master is to comply with ship reporting systems adopted by the IMO and the applicable reporting requirements for each system.

11 Ships’ routeing

[SOLAS V/10.7]

(1) The master of a vessel must comply with paragraph 7 of Regulation 10 of Chapter V of SOLAS.

Penalty: 50 penalty units.

(2) An offence against subsection (1) is a strict liability offence.

(3) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 50 penalty units.

Note Paragraph 7 of Regulation 10 of Chapter V of SOLAS sets out the requirement to comply with any mandatory ships’ routeing system adopted by the IMO.

12 Use of heading or track control systems

[SOLAS V/24]

(1) The master of a vessel must ensure that manual control of the vessel’s steering can be established immediately when heading or track control systems are in use on the vessel.

(2) The master of a vessel must ensure that a person who has an approved steering certificate is available to immediately take manual control of the vessel’s steering if the vessel is operating in hazardous navigational circumstance including:

(a) an area of high traffic density; or

(b) condition of restricted visibility; or

Penalty: 50 penalty units.

(3) The master of a vessel must ensure that a change from automatic to manual control and from manual to automatic control of a vessel’s steering is made:

(a) by the officer of the watch; or

(b) under the supervision of the officer of the watch.

Penalty: 50 penalty units.

(4) If there has been prolonged use of the heading or track control systems, the master of the vessel must ensure that the manual steering of a vessel is tested before entering an area where navigation requires caution including circumstances where the vessel is operating in:

(a) an area of high traffic density, or

(b) conditions of restricted visibility.

Penalty: 50 penalty units.

(5) An offence against subsection (2), (3) or (4) is a strict liability offence.

(6) A person is liable to a civil penalty if the person contravenes subsections (2), (3) or (4).

Civil penalty: 50 penalty units.

13 Records of navigational activities and daily reporting

[SOLAS V/28]

(1) The master of a vessel must ensure that:

(a) the navigational activities and incidents of importance to safety of navigation of the vessel are recorded in the vessel’s official logbook or other format approved by the Administration; and

(b) the records:

(i) contain sufficient detail to enable the restoration of a complete record of the voyage; and

(ii) are available for inspection on the vessel at all times.

(2) The master of the vessel, to which paragraph 2 of Regulation 28 of Chapter V of SOLAS applies, must ensure that:

(a) a daily report is provided to the vessel’s owner including the following:

(i) vessel position;

(ii) vessel’s course and speed;

(ii) details of any external or internal conditions affecting the vessel’s voyage or the normal safe operation of the vessel;

(b) the daily report is provided as soon as practicable after the vessel position is determined; and

(d) if an automated reporting system is used — measures are implemented to monitor and verify the accuracy of vessel position mentioned in the daily report.

Note Paragraph 2 of Regulation 28 of Chapter V of SOLAS applies to a vessel >500 GT engaged on international voyages exceeding 48 hours.

14 Safe navigation and avoidance of dangerous situations

[SOLAS V/34]

The master of a vessel must ensure that voyage planning has been carried out in accordance with Regulation 34 of Chapter V of SOLAS.

Note Regulation 34 of Chapter V of SOLAS provides that the voyage planning must be undertaken prior to a vessel proceeding to sea and identify a route. The regulation sets out what must be used for planning including nautical charts and publications and any ships’ routeing systems.

15 Persons not to interfere with master’s decisions

[SOLAS V/34-1]

(1) A person must not prevent or restrict the master of a vessel from taking or executing any decision that the master says is necessary for safe navigation or protection of the marine environment.

Penalty: 50 penalty units.

(2) An offence against subsection (1) is a strict liability offence.

(3) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 50 penalty units.

Subdivision 2.2 Navigational safety equipment etc

16 Bridge design, bridge procedures, design and arrangement of navigational systems and equipment

[SOLAS V/15]

The owner of a vessel must make decisions about bridge design, bridge procedures and the design and arrangements of navigational systems and equipment in accordance with Regulation 15 of Chapter V of SOLAS.

Note Regulation 15 of Chapter V of SOLAS sets out a number of principles for the purpose of applying the requirements of Regulations 19, 22, 24, 25, 27, and 28 of Chapter V of SOLAS.

17 Maintenance of navigational equipment

[SOLAS V/16]

(1) The master of a vessel must take all reasonable steps to ensure:

(a) the performance of navigational equipment is maintained; and

(b) the equipment is maintained in efficient working order.

Penalty: 50 penalty units.

(2) If vessel is at a place where repair facilities are not available and a defect in navigational equipment is discovered on the vessel, the master of the vessel may only proceed to another port if that port is where repairs can take place and AMSA has agreed.

Penalty: 50 penalty units.

(3) For subsection (2), the master of the vessel must ensure that the inoperative equipment or the unavailability of information is taken into account when planning and making the voyage to the port.

(4) An offence against subsection (1) or (2) is a strict liability offence.

(5) A person is liable to a civil penalty if the person contravenes subsection (1) or (2).

Civil penalty: 50 penalty units.

18 Electromagnetic compatibility

[SOLAS V/17]

(1) The owner of a vessel must ensure that the electrical and electronic equipment on or near the bridge of a vessel constructed after 30 June 2002 is tested for electromagnetic compatibility in accordance with paragraph 1 of Regulation 17 of Chapter V of SOLAS.

Note Paragraph 1 of Regulation 17 of Chapter V of SOLAS provides that the recommendations of the IMO must be taken into account when testing. See the AMSA website for details of the latest IMO resolution in relation to testing for electromagnetic compatibility.

(2) The owner of a vessel must ensure that electrical and electronic equipment does not affect navigational systems and equipment on the vessel.

Penalty: 50 penalty units.

(3) A person must not operate portable electrical or electronic equipment on a vessel if it may affect navigational systems and equipment on the vessel.

Penalty: 50 penalty units.

(4) An offence against subsection (2) or (3) is a strict liability offence.

(5) A person is liable to a civil penalty if the person contravenes subsection (2) or (3).

Civil penalty: 50 penalty units.

19 Navigational systems and equipment — performance standards

[SOLAS V/18]

(1) The owner of a vessel must ensure that a navigational system or equipment mentioned in Regulations 19 and 20 of Chapter V of SOLAS that is used on the vessel is type approved and meets performance standards in accordance with Regulation 18 of Chapter V of SOLAS.

Note Regulation 18 of Chapter V of SOLAS provides that type approval must be given by the Administration. Type approval applies to navigational systems and equipment; and back-up arrangements, replacements and the additions to systems and equipment.

(2) The owner of a vessel must ensure that:

(a) any voyage data recorder system used on the vessel, including all sensors, is tested annually by an approved testing or servicing facility in accordance with paragraph 8 of Regulation 18 of Chapter V of SOLAS; and

(b) a certificate of compliance is carried on board for the voyage data recorder system demonstrating compliance and the performance standards for the system that apply; and

(c) any automatic identification system used on the vessel is tested annually by the issuing body or an approved testing or servicing facility in accordance with paragraph 9 of Regulation 18 of Chapter V of SOLAS; and

(d) a copy of a test report for the automatic identification system is carried on board.

Note for paragraph (a) and (c) Paragraphs 8 and 9 of Regulation 18 of Chapter V of SOLAS provide that testing must be undertaken to determine the specified performance standards, functionality or serviceability for the systems.

Note AMSA has an agreement with each of the recognised organisations mentioned in Schedule 1 of Marine Order 1 (Administration) 2013 for the provision of survey and certification services for vessels registered in Australia. These bodies are authorised to undertake type approval of equipment on behalf of AMSA in accordance with that agreement.

20 Navigational systems and equipment — installation and use requirements etc

[SOLAS V/19]

(1) The owner of a vessel must ensure that navigational systems or equipment:

(a) are fitted and used in accordance with Regulation 19 of Chapter V of SOLAS; and

(b) meet the functional requirements mentioned in that regulation; and

Note Regulation 19 of Chapter V of SOLAS provides for the carriage of specified navigational systems and equipment for certain kinds of vessels. It also includes functionality and use requirements.

(2) For a vessel carrying an electronic chart display and information system (ECDIS) — the master of the vessel and all deck watchkeeping officers must have completed an approved training course in its use in accordance with Part A of Chapter II of the STCW Code.

(3) The master of a vessel must ensure that:

(a) any automatic identification system installed on a vessel is used; and

(b) the use of that system is in accordance with the Revised Guidelines for the onboard operational use of shipborne Automatic Identification Systems (AIS), adopted by IMO Resolution A.1106(29), as amended from time to time; and

(4) The owner of a vessel must not direct, or request, any person to turn off the automatic identification system installed on the vessel.

Penalty: 50 penalty units.

(5) An offence against subsection (4) is a strict liability offence.

(6) A person is liable to a civil penalty if the person contravenes subsection (4).

Civil penalty: 50 penalty units.

21 Long-range identification and tracking of vessels

[SOLAS V/19-1]

(1) This section applies to a vessel to which Regulation 19-1 of Chapter V of SOLAS applies.

(2) The owner of a vessel must ensure that:

(a) the following information is transmitted automatically in accordance with Regulation 19-1 of Chapter V of SOLAS:

(i) the identity of the vessel;

(ii) the position (latitude and longitude) of the vessel;

(iii) the date and time the position information is provided; and

(b) the vessel is fitted with the systems and equipment that meet the performance standards and functional requirements of Regulation 19-1 of Chapter V of SOLAS.

Penalty: 50 penalty units.

(3) The master of a vessel must not switch off any system or equipment mentioned in Regulation 19-1 of Chapter V of SOLAS.

Penalty: 50 penalty units.

(4) However, the master may switch off the system or equipment only if:

(a) its operation will compromise the safety or security of the vessel; and

(b) the Administration has been informed; and

(5) An offence against subsection (2) of (3) is a strict liability offence.

(6) A person is liable to a civil penalty if the person contravenes subsection (2) or (3).

Civil penalty: 50 penalty units.

22 Voyage data recorders

[SOLAS V/20]

The owner of a vessel must ensure that the vessel is fitted with a voyage data recorder or simplified voyage data recorder in accordance with Regulation 20 of Chapter V of SOLAS.

Note Regulation 20 of Chapter V of SOLAS provides for the carriage of voyage data recorders on certain kinds of vessels in the circumstances specified.

23 International Code of Signals and IAMSAR Manual

[SOLAS V/21]

The owner of a vessel must ensure that the following documents are kept on the vessel and are available for inspection:

(a) a copy of the International Code of Signals;

(b) a copy of Volume III (Mobile facilities) of IAMSAR Manual.

24 Nautical charts and nautical publications

[SOLAS V/27]

(1) The owner of a vessel embarking on a voyage must ensure:

(a) nautical charts and nautical publications on board for the intended voyage are adequate and up to date; and

(b) any electronic version of a nautical chart or nautical publication is a version officially issued by an Administration, authorised hydrographic office or other approved organisation; and

(2) For an electronic nautical chart, the owner of the vessel must ensure that:

(a) the chart is displayed on an ECDIS that complies with Regulation 19 of Chapter V of SOLAS; and

(b) a back up version is available:

(i) on a second ECDIS that complies with Regulation 19 of Chapter V of SOLAS; or

(ii) as a folio of adequate and up to date paper charts relevant to the voyage.

(3) For an electronic nautical publication, the owner of a vessel must ensure that a back up version is available:

(a) as an up to date printout; or

(b) on at least 1 other computer or in digital format that can be made available to the officer of the watch within 5 minutes.

(4) For an official version of an electronic nautical publication, the owner of a vessel must ensure that all software and hardware used for accessing it complies with the recommendations of IMO Circular MSC/Circ.891 Guidelines for the onboard use and application of computers as amended from time to time.

25 Magnetic compass

(1) The master of a vessel must ensure that:

(a) for a vessel >100 GT:

(i) a compass deviation book is kept on the vessel; and

(ii) the information mentioned in Schedule 1 is recorded in the compass deviation book; and

(b) if the observations for a magnetic compass on the vessel show a deviation of the compass on any heading of more than 5°— they either adjust the compass to correct the deviation or arrange for the compass to be adjusted by a qualified compass adjuster; and

(c) for each magnetic compass fitted on the vessel — the tables or curve of residual deviations from the last adjustment, and details of subsequent changes in deviations, are available for use at all times; and

(d) the size and position of magnets and soft iron correctors in a compass fitted on the vessel and the date and nature of any changes made to them or to their position are recorded by the person making the adjustment.

Penalty: 50 penalty units.

Note for paragraph (b) For other circumstances in which it is recommended that a compass be adjusted, see Annex G of ISO 25862:2019 Ships and marine technology – Marine magnetic compasses, binnacles and azimuth reading devices.

(2) An offence against subsection (1) is a strict liability offence.

(3) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 50 penalty units.

(4) If a compass is adjusted, details of the deviations in the approved form must be:

(a) if the compass is adjusted by a qualified compass adjuster — given to the master by the qualified compass adjuster; or

(b) if the compass is adjusted by the master — prepared by the master.

(5) An inspector may direct the master of a vessel to have a compass of the vessel adjusted if the inspector considers that:

(a) paragraph (1)(c) or (d) has not been complied with; and

(b) the compass is, or may be, unreliable.

(6) The master of a vessel must comply with the direction as soon as practicable.

26 Other equipment

(1) The owner of a vessel must ensure that the vessel has on board equipment in good working condition that will, if an electronic system fails, enable:

(a) an adequate lookout to be maintained; and

(b) safe navigation of the vessel.

(2) For a vessel < 500 GT, the master must ensure that the vessel has on board flags N and C of the International Code of Signals.

(3) For a vessel ≥500 GT, the master must ensure that the vessel has on board a complete set of flags set out in the International Code of Signals.

(4) Except in an emergency, the master of a vessel must not use, or permit to be used, any equipment mentioned in subsection (1) that is not in good working condition or that is improperly rigged.

Penalty: 50 penalty units.

(5) An offence against subsection (4) is a strict liability offence.

(6) A person is liable to a civil penalty if the person contravenes subsection (4).

Civil penalty: 50 penalty units.

Division 3 Radio installations and radio equipment

27 Radio installations and carriage requirements for radio equipment etc

[SOLAS IV/6-11]

(1) The owner of a vessel to which Chapter IV of SOLAS applies must ensure that:

(a) a radio installation is fitted and radio equipment is carried on board in accordance with Regulations 6 to 11 of Chapter IV of SOLAS; and

(b) for a regulated Australian vessel — they have taken into account the ARPANSA Standard for Limiting Exposure to Radiofrequency Fields – 100 kHz to 300 GHz (Rev. 1) (2021), as amended from time to time, for the safe operation of radio installations.

(2) The owner of a regulated Australian vessel to which Chapter IV of SOLAS does not apply must ensure that the vessel has fitted adequate radio installations and carries on board adequate radio equipment to meet the functional requirements mentioned in subsection 28(2).

28 Functional requirements for radio installations and equipment

[SOLAS IV/4]

(1) For a vessel to which Chapter IV of SOLAS applies — the radio installations fitted and radio equipment carried on board must meet the functional requirements that are set out in Regulation 4 of Chapter IV of SOLAS.

(2) For an Australian regulated vessel to which Chapter IV of SOLAS does not apply — the radio installations fitted and radio equipment carried on board must meet the following functional requirements:

(a) perform ship-to-shore distress alerting by two separate and independent means, each using a different radio communication service;

(b) receive shore-to-ship distress alert relays;

(d) transmit and receive on-scene communications, including appropriate SAR co-ordinating communications;

(e) transmit and receive locating signals;

(f) receive MSI;

(g) transmit and receive urgency and safety communications;

(h) transmit and receive bridge to bridge communications.

Note for paragraph (f) See IMO Circular MSC.1/Circ.1645 Guidance for the Reception of Maritime Safety Information and Search and Rescue Related Information as Required in the Global Maritime Distress and Safety System (GMDSS), as amended from time to time.

(3) However, if a regulated Australian vessel to which Chapter IV of SOLAS does not apply, complies with an arrangement set out in Schedule 2, the vessel is taken to have met the functional requirements mentioned in subsection (2).

29 Other requirements for radio installations and equipment — type approval, performance standards, maintenance etc

[SOLAS IV/12-18]

(1) For a vessel to which Chapter IV of SOLAS applies — the owner must ensure:

(a) that radiocommunication watch requirements, while at sea, are maintained in accordance with Regulation 12 of Chapter IV of SOLAS; and

(b) that sources of energy for radio installations are maintained in accordance with Regulation 13 of Chapter IV of SOLAS; and

(d) the radio equipment is maintained in accordance with Regulation 15 of Chapter IV of SOLAS; and

(e) that radio personnel are qualified in accordance with Regulation 16 of Chapter IV of SOLAS; and

(f) that radio record keeping arrangements comply with Regulation 17 of Chapter IV of SOLAS; and

(g) that position updating complies with Regulation 18 of Chapter IV of SOLAS.

Note for paragraph (a) Regulation 12 of Chapter IV of SOLAS provides the radiocommunication watch requirements to be maintained.

Note for paragraph (b) Regulation 13 of Chapter IV of SOLAS provides that sources of energy must be available at all times sufficient to operate the radio installations and to charge any batteries used as part of a reserve source or sources of energy for the radio installations.

Note for paragraph (c) Regulation 14 of Chapter IV of SOLAS provides that radio equipment is to be type approved by the Administration.

Note for paragraph (d) Regulation 15 of Chapter IV of SOLAS provides that radio equipment is to be maintained to ensure compliance with functional requirements.

Note for paragraph (e) Regulation 16 of Chapter IV of SOLAS provides that radio personnel must be qualified to the satisfaction of the Administration. For RAVs — the qualification must be in accordance with subdivision 3.2 of Marine Order 70. (Seafarer Certification) 2014). For foreign vessels — the qualification must be to the satisfaction of the government of the country whose flag the vessel is entitled to fly. Regulation 16 further provides that one qualified radio personnel must be designated as having responsibility for communications during distress incidents.

Note for paragraph (f) Regulation 17 of Chapter IV of SOLAS provides that radio records (of all incidents connected with the radiocommunication services which appear to be of importance to safety of life at sea) must be kept on board to the satisfaction of the Administration.

Note for paragraph (g) Regulation 18 of Chapter IV of SOLAS provides for the automatic transmission of the ships position from an internal or external navigation receiver in working condition and an alternative method in the case of malfunction of this equipment.

(2) For a regulated Australian vessel to which Chapter IV of SOLAS does not apply — the owner must ensure that the vessel has:

(a) arrangements that meet the requirements mentioned subsection (1) as if the vessel were a vessel to which Chapter IV of SOLAS applies; and

(b) MF/HF radiotelephone equipment, VHF equipment and satellite communications equipment that meets the performance standards mentioned in Regulation 14 of Chapter IV of SOLAS that apply to the equipment; and

(c) VHF equipment with available priority of use and control of the channels required for navigational safety purposes immediately available at the place where the vessel is normally navigated; and

(d) battery installations that provide emergency power supply to radio equipment must be tested monthly.

(3) A vessel that is normally engaged in harbour duties must:

(a) be fitted with a VHF radio installation with DSC capability; and

(b) be provided with an approved 406 MHz satellite EPIRB.

(4) Radio equipment must be tested:

(a) at intervals specified by the manufacturer; and

(b) in accordance with the manufacturer’s instructions.

30 EPIRBs — registration and disposal

(1) An owner of a regulated Australian vessel must ensure that any EPIRB fitted or carried on the vessel is registered with AMSA.

Penalty 50 penalty units

Note Registration is to be updated when an EPIRB changes ownership — with both the old owner and the new owner needing to update their details held by AMSA. Details should also be updated when the EPIRB is disposed of.

(2) An owner of a regulated Australian vessel must ensure that manufacturer’s instructions are followed for any EPIRB that is disposed of.

Penalty 50 penalty units

(3) An offence against subsection (1) or (2) is a strict liability offence.

(4) A person is liable to a civil penalty if the person contravenes subsection (1) or (2).

Civil penalty: 50 penalty units.

Division 4 Safety, urgency and distress communications

Subdivision 4.1 Safety communications including safety signals and danger messages

[SOLAS V/31 & V/32]

31 Safety signals and danger messages — prescribed matters

(1) For subparagraph 187(1)(b)(i) of the Navigation Act:

(a) the safety signal that is sent out in the format mentioned in Article 33 of the Radio Regulations; and

(b) the danger message must include the information mentioned in Regulations 31 and 32 of Chapter V of SOLAS.

Note for paragraph (a) Article 33 sets out the format and manner of transmission of safety communications including the use of the safety signal being the word ‘SECURITE’ spoken 3 times.

Note for paragraph (b) Regulations 31 and 32 of Chapter V of SOLAS provide that certain information related to the following dangers must be communicated:

dangerous ice
a dangerous derelict or any other direct danger to navigation
a tropical storm
encounters with sub-freezing air temperatures associated with gale force winds causing severe ice accretion on superstructures
winds of force 10 or above on the Beaufort scale for which no storm warning has been received.

(2) The safety signal and danger message must be sent out in accordance with paragraph 4 of Regulation 31 of Chapter V of SOLAS.

Note Paragraph 4 of Regulation 31 of Chapter V of SOLAS provides that the procedure mentioned in the Radio Regulations must be used to send out radio messages. See section IV of Article 33 of the Radio Regulations.

(3) For subparagraph 187(1)(b)(ii) of the Navigation Act, the report to shore must be made to:

(a) for a vessel in NAVAREA X — the Joint Rescue Coordination Centre Australia; or

(b) for a vessel outside NAVAREA X — the Coordinator for the NAVAREA the vessel is in.

Note The telephone number of the Joint Rescue Coordination Centre Australia is +61 2 6230 6811 or 1800 641 792; the fax number is +61 2 6230 6868 or 1800 622 153; the email is rccaus@amsa.gov.au.

32 Records of dangers and danger messages

The master of a regulated Australian vessel must ensure that the following is recorded in the vessel’s official logbook:

(a) any danger to navigation observed; and

(b) any danger message received for a danger to the navigation of the vessel; and

(d) any danger message and information sent or transmitted about a danger to navigation and the exact time and position of the vessel when the transmission is made.

Note An owner of a vessel must ensure that a record of navigational activities and incidents which are of importance to safety of navigation are kept on board in accordance with Regulation 28 of Chapter V of SOLAS. See section 13.

33 Transmission of safety communications and danger messages

(1) Any safety communication must be transmitted in accordance with Article 33 of Chapter VII of the Radio Regulations.

Note Article 33 sets out the format and manner of transmission of safety communications including safety announcement, call and message and the use of the safety signal being the word ‘SECURITE’ spoken 3 times.

(2) A person may only transmit a safety communication to give notice that the calling ship station has a transmission about an important navigational or meteorological warning.

Penalty: 50 penalty units.

(3) A person must not interfere with the transmission of a safety communication.

Penalty: 50 penalty units.

(4) An offence against subsection (2) or (3) is a strict liability offence.

(5) A person is liable to a civil penalty if the person contravenes subsection (2) or (3).

Civil penalty: 50 penalty units.

(6) A danger message preceded by the safety signal has priority over all communications other than distress and urgency communications.

34 Duties of persons hearing safety communications

(1) A person who operates a ship station and hears a safety communication must listen on the radio frequency used for the transmission until they are satisfied that the safety communication is of no concern to the vessel.

Penalty: 50 penalty units.

(2) An offence against subsection (1) is a strict liability offence.

(3) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 50 penalty units.

Subdivision 4.2 Urgency and distress communications

35 Transmission of urgency communications

(1) Any urgency communication must be transmitted in accordance with Article 33 of Chapter VII of the Radio Regulations.

Note Article 33 sets out the format and manner of transmission of urgency communications including urgency announcement, call and message and the use of the urgency signal being the words ‘PAN PAN’ spoken 3 times.

(2) A person may only transmit an urgency communication on a distress frequency when giving notice that the calling ship station has an urgent communication to transmit about safety of a vessel, an aircraft, a vehicle or a person.

Penalty: 50 penalty units.

(3) An urgency communication has priority over all other radio communication except a distress communication.

(4) A person must not interfere with the transmission of an urgency communication.

Penalty: 50 penalty units.

(5) When the master of a vessel who sent an urgency communication is satisfied that action called for is no longer necessary, the master must ensure that a further communication is transmitted in accordance with Article 33 of Chapter VII of the Radio Regulations cancelling the urgency communication.

Penalty: 50 penalty units.

(6) An offence against subsection (2), (4) or (5) is a strict liability offence.

(7) A person is liable to a civil penalty if the person contravenes subsection (2), (4) or (5).

Civil penalty: 50 penalty units.

36 Transmission of distress communications

(1) Any distress communication must be transmitted in accordance with Article 32 of Chapter VII of the Radio Regulations.

Note Article 32 sets out the format and manner of transmission of distress communications including distress alert, call, message and relay and the use of the distress signal being the word ‘MAYDAY’.

(2) A person may only transmit a distress communication if it relates to:

(a) a vessel or person at sea requiring immediate assistance due to the grave and imminent threat to safety; or

(b) an acknowledgment of a distress alert or distress call; or

Penalty: 50 penalty units.

(3) If a distress communication is accidentally transmitted when there is no danger to the vessel, the master of the vessel must immediately tell the marine rescue coordination centre for the search and rescue area:

(a) about the accidental transmission; and

(b) that there is no danger to the vessel.

Penalty: 50 penalty units.

(4) An offence against subsection (2) or (3) is a strict liability offence.

(5) A person is liable to a civil penalty if the person contravenes subsection (2) or (3).

Civil penalty: 50 penalty units.

37 Duties of persons hearing urgency or distress communications

(1) A person who operates a ship station and hears an urgency communication may only resume normal radio service on the frequency or channel of the communication if any of the following apply:

(a) when no urgency message follows any urgency announcement or call — at least 5 minutes has elapsed after receiving that announcement or call;

(b) an urgency cancellation has been received;

Penalty: 50 penalty units.

(2) A person who operates a ship station and hears a distress communication must not resume normal radio service on the frequency or channel of the communication until a message is received indicating:

(a) the distress communication is cancelled; or

(b) that normal radio service may be resumed.

Penalty: 50 penalty units.

(3) An offence against subsection (1) or (2) is a strict liability offence.

(4) A person is liable to a civil penalty if the person contravenes subsection (1) or (2).

Civil penalty: 50 penalty units.

Division 5 Other matters

38 Obligations and procedures in relation to persons in distress at sea

[SOLAS V/33]

(1) The master of a vessel must meet the obligations and follow the procedures mentioned in Regulation 33 of Chapter V of SOLAS in relation to persons in distress at sea.

Penalty: 50 penalty units.

(2) An offence against subsection (1) is a strict liability offence.

(3) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 50 penalty units.

Note Regulation 33 of Chapter V of SOLAS sets out procedures related to the obligation to provide assistance to, and treatment of, persons in distress.

39 Life-saving signals to be used by ships, aircraft or persons in distress

[SOLAS V/29]

(1) The owner of a vessel must ensure that an illustrated table describing the life-saving signals to be used when communicating with life-saving stations, maritime rescue units and aircraft engaged in search and rescue operations is available to the officer of the watch at all times.

(2) The life-saving signals must be used when persons on the vessel are communicating with life-saving stations, marine rescue units and aircraft engaged in search and rescue operations.

Note Life-saving signals are described in the International Aeronautical and Maritime Search and Rescue Manual (IAMSAR) Manual Vol. III, Mobile Facilities and illustrated in the International Code of Signals.

40 Misuse of flares etc

(1) A person must not use a flare, rocket or shell, if it could be mistaken for a signal of distress coming from a vessel.

Penalty: 50 penalty units.

(2) It is a defence if:

(a) the person or another person is in distress; or

(b) both:

(i) the person has notified the JRCC using the approved form, and at least 24 hours before the proposed time of use of the flare, rocket or shell, of:

(A) the intended use of the flare, rocket or shell; and

(B) the proposed time for the intended use; and

(ii) the person has not received any objection from the JRCC to the intended use.

(3) An offence against subsection (1) is a strict liability offence.

(4) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 50 penalty units.

Note 1 The approved form is available from the AMSA website at https://www.amsa.gov.au. Notification to the JRCC may be by email: rccaus@amsa.gov.au or fax: 1800 622 153.

Note 2 The person may also need to comply with State or Territory requirements for the use of flares.

41 Documentation requirements — general

The owner of a vessel must ensure the following is available for inspection on the vessel:

(a) for a foreign vessel — documentation issued by the Administration for the vessel for any exemption for safety radio equipment;

(b) for a regulated Australian vessel — documentation for any exemption:

(i) given by AMSA under section 7; or

(ii) continued in operation by section 42;

(c) for a regulated Australian vessel — a copy of the latest edition of the Australian Global Maritime Distress and Safety System (GMDSS) Handbook, published by AMSA in electronic or printed form;

(d) for a regulated Australian vessel — the vessel’s radio logbook;

(e) for a vessel on an international voyage — a copy of the latest edition of the Manual for use by the Maritime Mobile and Maritime Mobile-Satellite Services, published by the International Telecommunication Union, in electronic or printed form;

(f) for a vessel on an international voyage — a copy of the latest edition of the Admiralty List of Radio Signals, published by the Hydrographer of the Navy (UK), in electronic or printed form;

(g) for a vessel on an international voyage — a copy of the latest edition of the List of Ship Stations and Maritime Mobile Service Identity Assignments, published by the International Telecommunication Union, in electronic or printed form.

Note for paragraph (c) The GMDSS Handbook is available from the AMSA website at https://www.amsa.gov.au.

Note for paragraph (d) An approved form is available from the AMSA website at https://www.amsa.gov.au.

Division 6 Transitional arrangements

42 Continuation of exemptions

An exemption is taken to be in force and granted under this Marine Order if:

(a) it was in force on 30 December 2023; and

(b) the requirement to which it applies is a requirement under this Marine Order.

43 Approvals

An approval for use of an equivalent is taken to be approved under this Marine Order if:

(a) it was for an equivalent that was in use on a vessel on 30 December 2023; and

(b) the requirement to which it applies is a requirement under this Marine Order.

Schedule 1 Compass deviation book information

(subparagraph 25(1)(a)(ii))

Item	Information
1	Date
2	vessel’s position:<br>(a) latitude; and<br>(b) longitude
3	time of observation
4	body observed or method of obtaining true bearing or heading
5	direction of the vessel’s head by:<br>(a) standard compass; and<br>(b) steering compass
6	direction of the vessel’s head by gyro compass
7	direction of the vessel’s true head
8	azimuth or bearing or heading by magnetic compass
9	azimuth/bearing or heading by gyro compass
10	true azimuth or bearing or heading
11	magnetic compass error
12	gyro compass error
13	corrected variation
14	magnetic compass deviation

Schedule 2 Radio installations and equipment — regulated Australian vessels to which Chapter IV of SOLAS does not apply

(subsection 28(3))

Note This Schedule sets out alternative arrangements for radio installations and equipment for a regulated Australian vessel to which Chapter IV of SOLAS does not apply that is taken to meet the functional requirements mentioned in subsection 28(2).

1 Australian coastal voyages (sea area A3)

Arrangement A

(a) A VHF radio installation with DSC capability; and

(b) A DSC watchkeeping receiver for VHF channel 70 which may be separate or combined with the VHF radio installation mentioned in paragraph (a); and

(d) A MF DSC watchkeeping receiver capable of maintaining a continuous DSC watch on 2187.5 kHz which may be separate or combined with the MF radio installation above; and

(e) Ship earth station for a recognised mobile satellite service capable of:

(i) transmitting and receiving distress and safety communications using data-communications;

(ii) initiating and receiving distress priority calls;

(iii) transmitting and receiving general radio communications, using either radiotelephony or data communication;

(iv) receiving Maritime Safety Information (MSI) using enhanced group calling; and

(f) A 406 MHz EPIRB; and

(g) Hand held VHF radiotelephone apparatus fitted with VHF channels 6, 13, 16 and 67; and

(h) 9 GHz radar transponder(s) or an AIS-SART(s).

Note Specifications and performance standards of radio and communication equipment must be in accordance with Chapter IV of SOLAS.

Note for paragraph (e) Data communication includes direct-printing telegraphy.

Arrangement B

(a) A VHF radio installation with DSC capability; and

(b) A DSC watchkeeping receiver for VHF channel 70 which may be separate or combined with the VHF radio installation mentioned in paragraph (a); and

(d) A MF/HF DSC watchkeeping receiver capable of maintaining a continuous DSC watch on 2187.5 kHz, 8414.5 and at least one of the distress and safety frequencies 4207.5, 6312, 12577 or 16804.5 kHz, and allowing, at any time, the selection of any of any of these distress and safety frequencies — this equipment may be combined with or separate from the MF/HF radio installation mentioned in paragraph (c); and

(e) Ship earth station for a recognised mobile satellite service capable of receiving Maritime Safety Information (MSI) using enhanced group calling; and

(f) A 406 MHz EPIRB; and

(g) Hand held VHF radiotelephone apparatus fitted with VHF channels 6, 13, 16 and 67; and

(h) 9 GHz radar transponder(s) or an AIS-SART(s).

2 International voyages

(a) Items listed in Arrangement 1A or 1B; and

(b) a NAVTEX receiver when operating in a NAVTEX area.

3 Voyages in sea area A4

Items listed in Arrangement 1B.

Note

1. All legislative instruments and compilations of legislative instruments are registered on the Federal Register of Legislation under the Legislation Act 2003. See https://www.legislation.gov.au.

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AMSA MO 2023/9

Marine Order 27 (Safety of navigation and radio equipment) 2023

I, Michael Kinley, Chief Executive Officer of the Australian Maritime Safety Authority, make this Order under subsection 342(1) of the Navigation Act 2012.

Dated 11 December 2023

Michael Kinley Chief Executive Officer

Division 1 Preliminary

1 Name of Marine Order

1A Commencement

1B Repeal of Marine Order 27 (Safety of navigation and radio equipment) 2016

2 Purpose

3 Power

4 Definitions

5 Interpretation

6 Application

7 Exemptions

8 Equivalents

Division 2 Navigation safety

Subdivision 2.1 Navigation safety measures

9 Cooperation with search and rescue services

10 Ship reporting systems

11 Ships’ routeing

12 Use of heading or track control systems

13 Records of navigational activities and daily reporting

14 Safe navigation and avoidance of dangerous situations

15 Persons not to interfere with master’s decisions

Subdivision 2.2 Navigational safety equipment etc

16 Bridge design, bridge procedures, design and arrangement of navigational systems and equipment

17 Maintenance of navigational equipment

18 Electromagnetic compatibility

19 Navigational systems and equipment — performance standards

20 Navigational systems and equipment — installation and use requirements etc

21 Long-range identification and tracking of vessels

22 Voyage data recorders

23 International Code of Signals and IAMSAR Manual

24 Nautical charts and nautical publications

25 Magnetic compass

26 Other equipment

Division 3 Radio installations and radio equipment

27 Radio installations and carriage requirements for radio equipment etc

28 Functional requirements for radio installations and equipment

29 Other requirements for radio installations and equipment — type approval, performance standards, maintenance etc

The Order operates through a set of recurring legal and technical concepts, many of which directly mirror SOLAS and the Radio Regulations. Key concepts include:

SOLAS incorporation: The Order repeatedly gives effect to specific SOLAS regulations, meaning compliance often requires meeting the text and standards adopted by IMO instruments. See s 2(b), and repeated cross-references in Divisions 2 and 3, for examples. Owners and masters are required to act in accordance with the SOLAS rules incorporated by reference, for instance Regulation 19 (navigational systems), Regulation 20 (VDR), Regulation 33 (assistance to persons in distress), and Chapter IV items on radiocommunications (ss 16, 19, 22, 27-29, 38).
Two vessel categories, and the Schedule 2 alternative: The Order applies to regulated Australian vessels and foreign vessels (s 6). Where Chapter IV of SOLAS applies to a vessel, the full SOLAS Chapter IV requirements apply (ss 27-29). For Australian regulated vessels not covered by Chapter IV, the Order sets out functional requirements (s 28(2)), and Schedule 2 provides specific alternative arrangements (Arrangements A and B for coastal and international voyages, and other items for sea area A4) which, if adopted, are treated as meeting those functional requirements (s 28(3), Schedule 2).
Allocation of responsibilities: The instrument distinguishes responsibilities between owners and masters. Owners carry obligations to equip, design, maintain and keep documentation on board (eg ss 16, 19(1), 24, 27(1), 29(2)); masters have operational duties, including ensuring proper use of equipment, records and safe navigation, and obtaining AMSA agreement where necessary (eg ss 12, 13, 17, 20(2)-(3), 21(3)-(4), 25).
Exemptions and equivalents: AMSA may exempt a regulated Australian vessel from requirements or approve an equivalent, subject to application under Marine Order 1 processes (ss 7-8). AMSA can impose conditions on exemptions and may approve use of an equivalent only if it is at least as effective as compliance with the requirement (s 8(3)).
Strict liability and civil penalties: Many offences are strict liability (eg ss 10(2), 11(2), 12(5), 13(4), 14 note, various others), and a person is frequently exposed to a civil penalty equal to the criminal penalty (eg ss 10(3), 12(6)). The criminal penalty is consistently 50 penalty units where specified.
Record-keeping and operational continuity: The Order requires navigational activity recording and availability for inspection (s 13), radio logs and documents to be on board (s 41), and specific books such as the compass deviation book with prescribed entries (s 25 and Schedule 1). It also requires arrangements for backup systems or alternative means of navigation or communication where electronic means fail (s 26).
Technical standards and approvals: The Order requires type approval and testing to the standards in SOLAS, and recognises recognised organisations and issuing bodies to perform approvals on behalf of AMSA for Australian vessels (s 19 note and s 4 definition of approved). It also references other technical standards, for example the ARPANSA Standard for Limiting Exposure to Radiofrequency Fields (s 27(1)(b)).

These concepts form the regulatory architecture in which private actors, principally owners and masters, must make equipment, training and operational choices. The Order also configures AMSA as the administrative gatekeeper for exemptions and equivalents, and as the regulator responsible for domestic enforcement of both criminal and civil regimes. The text places emphasis on proper records, back-up arrangements, and continuity for radio communications and navigational safety, with precise technical steps and documentation mandated.

The Order expressly applies to regulated Australian vessels and foreign vessels (s 6). Within that scope, it draws lines between different sub-groups, which determine specific obligations and technical requirements:

Regulated Australian vessels to which SOLAS applies: these vessels are required to comply with the SOLAS provisions adopted by the Order, including radiocommunications obligations in Chapter IV and safety-of-navigation rules in Chapter V. Owners must ensure type approval, maintenance, watchkeeping and crew qualifications as set out in SOLAS and the Marine Order (eg ss 27-29, 19(1), 29(1)(e)).
Regulated Australian vessels to which SOLAS does not apply: for these vessels the Order prescribes domestic functional requirements (s 28(2)) and offers Schedule 2 alternative arrangements. If a regulated Australian vessel implements an arrangement in Schedule 2, it is "taken to have met" the functional requirements (s 28(3)). The Schedule differentiates Australian coastal voyages (sea area A3), international voyages, and voyages in sea area A4, and supplies equipment lists and watchkeeping expectations.
Foreign vessels visiting Australian waters: the Order applies to foreign vessels, and for foreign vessels approvals and "approved" status come from the government of the vessel’s flag state, or for certain matters the issuing body, as defined (s 4 definition of approved). Foreign vessels that are SOLAS-appliable will be expected to provide documentation for exemptions granted by their Administration, and to carry relevant documents for international voyages (s 41).
Shipowners and masters: the instrument allocates many obligations to owners (for example: bridge design, fitting and maintenance of equipment, documentation on board), and many operational duties to masters (for example: ensuring navigation safety, record-keeping, testing, making daily reports for certain voyages) (see ss 9-26). Owners are required to ensure systems are type approved and maintained, while masters are required to operate equipment safely and follow procedures.
Crew with specific qualifications: obligations link to crew training and qualifications, for instance ECDIS use requires completion of an AMSA-approved course in accordance with Part A of Chapter II of the STCW Code (s 20(2)), and radio personnel must be qualified as required by Regulation 16 of Chapter IV of SOLAS and Marine Order 70 for RAVs (s 29(1)(e) note).
Ancillary bodies and service providers: recognised organisations performing surveys and type approvals on behalf of AMSA, issuing bodies, compass adjusters, approved testing facilities and AMSA itself are implicated as decision-makers or service providers in the compliance chain (s 19 note, s 4 definitions).

Costs fall primarily on owners in the form of capital expenditure and ongoing maintenance and testing costs: acquiring and type-approving equipment such as VHF DSC sets, MF/HF sets, ECDIS, ship earth stations, EPIRBs, AIS and VDRs, plus conducting required annual tests and monthly battery tests (ss 19(2), 29(4)). Masters bear costs in operational time for record-keeping, reporting, and ensuring safe practice; crew must obtain and maintain specified training. AMSA incurs administrative costs in processing exemption and equivalent applications and enforcing compliance, and retains discretion to impose conditions on approvals (ss 7-8).

Certain niche operators are affected differently: vessels normally engaged in harbour duties are required to have a VHF DSC installation and a 406 MHz satellite EPIRB (s 29(3)); small vessels may fall within the regulated Australian vessels that do not attract SOLAS Chapter IV obligations, in which case Schedule 2 gives cost-staggered options. The Order thus affects a wide range of maritime industry participants, from international passenger and cargo ship owners to operators of coastal and harbour vessels, and the service ecosystem that supports certification, testing and adjustment.

The Marine Order divides duties between owners and masters, and creates specific procedural rights and administrative pathways. The text assigns concrete duties, many of which are framed as mandatory and backed by criminal and civil penalties.

Principal owner duties:

Equipment carriage, type approval and maintenance: Owners must ensure navigational systems and equipment are type approved and meet SOLAS performance standards where applicable, and that radio installations and equipment are carried and type approved for vessels subject to SOLAS Chapter IV (ss 19(1), 27(1)(a), 29(1)(c),(d)). For regulated Australian vessels not subject to Chapter IV, owners must ensure functional requirements are met (s 28(2)) or Schedule 2 arrangements adopted (s 28(3)).
Design and procedures: Owners must make decisions about bridge design, bridge procedures and arrangement of navigational systems in accordance with SOLAS Regulation 15 incorporated via s 16.
Documentation and on-board availability: Owners must ensure navigational charts and publications are adequate and up to date, and that electronic charts are official versions with backups (s 24). They must ensure required manuals and handbooks are carried, including the International Code of Signals and the IAMSAR Manual Vol III (s 23), the Australian GMDSS Handbook for regulated Australian vessels, and the vessel radio logbook and other publications for international voyages (s 41).
EPIRB registration and disposal: Owners of regulated Australian vessels must ensure EPIRBs are registered with AMSA and disposed of per manufacturer instructions (s 30).
Electromagnetic compatibility and other equipment: Owners must ensure electrical and electronic equipment on or near the bridge of vessels constructed after 30 June 2002 is tested for electromagnetic compatibility and that electrical equipment does not affect navigational systems (s 18).

Principal master duties:

Safe navigation and operational control: Masters must ensure voyage planning in accordance with SOLAS Regulation 34 prior to proceeding to sea (s 14), maintain manual control capability and availability of qualified steering personnel when heading or track control systems are used, and test manual steering after prolonged automatic use before entering hazardous areas (s 12).
Records and reporting: Masters must ensure navigational activities and incidents are recorded to enable restoration of a complete voyage record and are available for inspection (s 13(1)), provide daily reports to owners for certain vessels (s 13(2)), and log dangers and danger messages in the official logbook (s 32).
Equipment operation: Masters must ensure that automatic identification systems are used in accordance with IMO guidelines and advise AMSA if AIS is turned off (s 20(3)). Masters must not switch off long-range tracking equipment except under narrowly defined safety or security circumstances, informing the Administration and recording reasons and duration (s 21(3)-(4)).
Assistance obligations and communications: Masters must comply with obligations for persons in distress, follow SOLAS Regulation 33, and correctly transmit and cancel urgency or distress communications and report accidental distress transmissions (ss 35-38).

Rights, administrative pathways and discretions:

Exemption applications: Owners of regulated Australian vessels may apply to AMSA for exemptions from requirements under the Marine Order, following the process in Division 3 of Marine Order 1. AMSA may grant exemptions only if compliance would be unnecessary or unreasonable and not contravene SOLAS, and may impose conditions (s 7).
Use of equivalents: Owners may apply to AMSA to use an equivalent in place of a requirement, and AMSA may approve where the equivalent is at least as effective (s 8).
Offshore approvals and issuing bodies: For regulated Australian vessels, "approved" can mean approval by the issuing body (s 4 definition). Foreign vessels rely on the government of the flag state for approvals.
Inspector directions: Inspectors may direct masters to have compasses adjusted if entries or records are not complied with and the compass is unreliable; masters must comply as soon as practicable (s 25(5)-(6)).

Implementation and enforcement rights are not unlimited. AMSA retains decision-making power for exemptions, equivalents and approvals, and can impose conditions. Owners and masters have procedural rights through the application processes and, where Marine Order 1 applies, review mechanisms are implied by that instrument’s references. The Marine Order also contemplates recognised organisations undertaking surveys and type approvals under agreement with AMSA, which creates a delegated rights structure for certification and type approval (s 19 note).

The Marine Order embeds a consistent penalty architecture with frequent criminal offences carrying the same penalty quantum and civil penalty equivalents. Enforcement hinges on AMSA and inspectors acting under delegated powers and the Navigation Act framework.

Penalty quantum and strict liability:

The criminal penalty stated in the instrument is 50 penalty units for many offences, for example failure to comply with ship reporting systems, ships’ routeing, requirements regarding manual control and steering, maintenance requirements, electromagnetic compatibility breaches, turning off systems such as AIS, compass record and adjustment obligations, misuse of flares, EPIRB registration and disposal, transcription and interference with safety signals, improper transmission of urgency and distress communications, and failure to comply with assistance obligations (see ss 10, 11, 12(2),(3),(4), 17(1), 18(2)-(3), 20(4), 21(2)-(3), 25(1), 30(1)-(2), 33(2)-(3), 35(2),(4),(5), 36(2)-(3), 38(1), 40(1)). The Order repeatedly specifies that certain offences are strict liability offences (eg ss 10(2), 11(2), 12(5), 17(4), 18(4), 20(5), 21(5), 25(2), 30(3), 33(4), 35(6), 36(4), 37(3), 38(2)).
Many of these criminal offences are accompanied by civil penalty liability of the same 50 penalty unit amount (see corresponding civil penalty subsections scattered through the instrument, eg ss 10(3), 11(3), 12(6), 17(5), 18(5), 20(6), 21(6), 25(3), 30(4), 33(5), 35(7), 36(5), 37(4), 38(3)).

Enforcement actors and mechanisms:

AMSA is the administrative regulator and maker of the Order under s 342(1) of the Navigation Act, and its powers for exemptions, equivalents and approvals are set out in ss 7-8 and the notes referencing Marine Order 1. Inspections, directions and certificate regimes function within AMSA’s delegated powers and agreements with recognised organisations for surveys and approvals (s 19 note).
Inspectors may issue directions in specific technical circumstances, for example directing compass adjustments if prescribed records are not complied with and the compass is or may be unreliable (s 25(5)-(6)). The text does not detail the broader inspector powers; these derive from the Navigation Act and other Marine Orders.
Civil penalties run in parallel to criminal offences, giving AMSA or prosecuting authorities an administrative enforcement option in addition to criminal prosecution. The instrument does not specify the enforcement processes for civil penalty proceedings, which are governed by the Navigation Act and general civil penalty procedures.
Strict liability for many offences lowers the prosecutorial burden in criminal proceedings, since fault is not required. That increases the practical enforceability of technical requirements such as maintenance and record-keeping.

Practical enforcement implications:

Uniform penalty quantum across a wide range of safety-related failures creates predictability in exposure, but the instrument does not specify aggravating or mitigating scales. Some offences that may be technical or inadvertent still attract strict liability status and 50 penalty units, for example failing to ensure equipment maintenance or failing to maintain a continuous DSC watch (ss 17(1), 29(1)(a)).
Several obligations require contemporaneous record-keeping and documentation to be available on board for inspection, which facilitates inspector enforcement (eg ss 13, 19(2)(b), 41). The presence of preserved exemptions and approvals under transitional provisions means historic administrative decisions remain enforceable under the new Order (ss 42-43).
The Order also places on owners an obligation to ensure crew qualifications and competence for radio personnel and for ECDIS use, using recognised training standards and other Marine Orders as reference points (s 20(2) and s 29(1)(e) note). Failure in those areas could be enforced through the same penalty framework or via certification revocations under AMSA processes.

In short, enforcement rests on AMSA and inspectors, utilises both criminal and civil penalty routes, employs strict liability for many technical offences, and leverages documentation and type approval regimes to create inspectable compliance signals. The instrument centralises decision-making about exemptions and equivalents in AMSA, while delegating technical certification tasks to recognised organisations under agreement.

This Marine Order is enacted under the Navigation Act 2012, and cross-references and depends on multiple other domestic and international instruments and Marine Orders. The text both delegates to and imports provisions from those instruments, so compliance requires attention to an integrated body of law.

Primary statutory source and delegation:

Navigation Act 2012: The Order is made by AMSA under subsection 342(1) of the Navigation Act, and relies on a suite of delegations and regulatory powers set out in the Act. Section 3 lists the relevant Navigation Act provisions authorising the Order, including powers to prescribe logbook entries, equipment carriage and maintenance, and to give effect to SOLAS (s 3(1)(a)-(h)).

Interlocking Marine Orders and administrative rules:

Marine Order 1 (Administration) 2013: The Order refers owners to Division 3 of Marine Order 1 for the application process for exemptions and approvals, and it uses Marine Order 1 for definitions such as equivalent and use (ss 7(2), 8(2), notes). It also notes delegation arrangements on the AMSA website.
Marine Order 21 (Safety of navigation and emergency procedures) 2012: The definition of qualified compass adjuster and notes reference to prior compass adjuster licensing under this Marine Order (s 4 definition and note).
Marine Order 70 (Seafarer Certification) 2014: For RAVs radio personnel qualifications must be in accordance with subdivision 3.2 of MO70, as noted in s 29(1)(e) note, linking certification obligations across instruments.

International instruments and technical standards:

SOLAS Chapters IV and V: The Marine Order expressly gives effect to Chapter IV of SOLAS and many Regulations of Chapter V (s 2(b)). Numerous provisions simply incorporate SOLAS requirements by reference, creating direct dependence on IMO standards and resolutions for technical content, watchkeeping, type approval, and functional requirements (eg ss 9-13, 16-22, 27-29).
Radio Regulations and ITU standards: The Radio Regulations are incorporated for definitions and formats for safety, urgency and distress communications (s 4 definitions and ss 31-36), and the Order requires transmissions to follow the Article 33 format for safety and urgency communications and Article 32 for distress communications (ss 31(1)(a), 33(1), 35(1), 36(1)).
STCW Code and IMO resolutions: Training and operational guidelines refer to STCW (ECDIS training in s 20(2)), and various IMO circulars are referenced for guidance on topics such as AIS use, MSI reception, and electromagnetic compatibility testing (see notes to ss 9, 20(3), 19(2) and s 18 note).
ARPANSA standard: The instrument requires owners of regulated Australian vessels to take into account the ARPANSA Standard for Limiting Exposure to Radiofrequency Fields for safe radio installation operation (s 27(1)(b)). That introduces a domestic technical standard into installation decisions.

Administrative interplay and enforcement:

For regulated Australian vessels, type approvals and surveys may be performed by recognised organisations acting under agreement with AMSA, a practice noted in s 19(2) note. That delegates technical certification to recognised third parties.
The Marine Order’s transitional provisions preserve exemptions and approvals given under the previous Marine Order 27 (2016) where they were in force on 30 December 2023, taking them to be in force or approved under the new Marine Order (ss 42-43). Practically this creates continuity and avoids immediate reapplication.

Potential tension points and dependencies:

Because many requirements are incorporated by reference to SOLAS and IMO circulars, amendments to those international instruments can change the substantive standards that AMSA expects compliance with, unless AMSA amends the Marine Order or issues new guidance. The Order anticipates this by reference to materials "as amended from time to time" in several notes (eg s 4 definition notes, s 19 note).
Compliance with the Order for foreign vessels will be assessed against approvals by the vessel’s flag Administration or issuing body, which may result in differing domestic expectations for equivalence. The Order relies on foreign Administrations for the "approved" status of foreign vessel equipment (s 4).

In sum, the Marine Order is not a stand-alone instrument; it is intentionally interwoven with the Navigation Act, other Marine Orders, SOLAS, the STCW Code, the Radio Regulations and domestic technical standards. Practitioners must therefore consult and cross-check those instruments when advising clients on compliance, exemption applications or preparing for inspections.

The Marine Order 27 (Safety of navigation and radio equipment) 2023 is a replacement instrument rather than an incremental amendment of the 2016 text. The instrument itself records the following mechanical steps in its amendment history:

Repeal and replacement: Section 1B states that Marine Order 27 (Safety of navigation and radio equipment) 2016 is repealed. The 2023 Marine Order therefore supersedes the 2016 instrument, and commences on 1 January 2024 (ss 1A, 1B).
Transitional continuity: The Order includes transitional clauses preserving existing exemptions and approvals that were in force on 30 December 2023, by deeming those exemptions and approvals to be in force or approved under the 2023 Marine Order where the requirement remains a requirement under the new Order (ss 42-43). This ensures continuity for owners who had previously obtained exemptions or approvals.
Incorporation of SOLAS and related texts: The 2023 text explicitly lists the SOLAS provisions it gives effect to (s 2(b)), including Chapter IV of SOLAS and specified Regulations of Chapter V. The notes and cross-references in the 2023 Order indicate ongoing reference to IMO circulars and external standards "as amended from time to time" (see notes to s 9, s 19, s 20, s 24, and elsewhere). This drafting approach embeds an automatic connection to later IMO amendments, unless AMSA changes the Marine Order.
Delegated approvals and recognised organisations: The 2023 text reiterates that AMSA has agreements with recognised organisations to undertake survey and certification services and to perform type approval work on behalf of AMSA (s 19 note). It retains the delegation model seen in previous Marine Orders.

What the instrument does not contain:

The instrument text does not include a chronological list of prior amendments, nor an exposé of specific textual changes between the 2016 and 2023 instruments. It simply repeals the 2016 Marine Order and replaces it with the 2023 text. For precise line-by-line differences, practitioners must compare the two instruments on the Federal Register of Legislation.
There is no mention in the text of any sunset clauses, staged implementation periods beyond the commencement date, or specific transitional relief except for continuation of existing exemptions and approvals (ss 42-43).

Practical implication for advisors:

Because the Order relies heavily on external instruments that are themselves amended (SOLAS, Radio Regulations, ITU and IMO circulars), parties relying on stable requirements should track both AMSA updates and changes to those international instruments. The Order’s notes repeatedly point to AMSA web pages for the latest implementing guidance and to the authoritative sources (s 4 note 3, s 18 note, s 19 note, s 24 note, and others).
If advising on historical compliance or in respect of exemptions/approvals granted under the 2016 Order, confirm whether those instruments remain in force for the vessel in question under ss 42-43 and whether any conditions attached by AMSA continue to apply.

The Marine Order document itself does not cite nor summarise any judicial decisions or administrative determinations. The text contains no named cases, no past adjudications and no internal references to litigation outcomes. The Order therefore provides no direct litigation history or precedent.

Practical points for practitioners researching litigation risk and precedent:

Absence of cases in the instrument does not mean enforcement has not occurred. Enforcement under these provisions would typically involve AMSA inspectors, criminal prosecutions under the Navigation Act framework or civil penalty proceedings. To identify litigation history, one must search Federal and State court databases, tribunal records and AMSA enforcement or infringement notices, none of which are referenced in the instrument text.
Many offences in the Order are strict liability. That raises enforceability questions that have been litigated in other contexts under the Navigation Act and maritime safety regulatory regimes. However, the Marine Order does not provide guidance on statutory interpretation of strict liability elements, defences, or evidentiary standards, so any reliance on case law must come from external legal research.
Administrative decisions under Marine Order 1 (eg decisions on exemptions and equivalents) could be subject to merits review or judicial review where procedural fairness or statutory power issues arise. The Marine Order refers applicants to Division 3 of Marine Order 1 for application processes and notes that review mechanisms exist (s 7 note). Practitioners should consult Marine Order 1 and judicial authority concerning review rights, but those materials are outside this instrument.
If an enforcement matter proceeds to prosecution or civil penalty, typical legal issues likely to arise include the interpretation of incorporated SOLAS provisions, the scope of AMSA’s discretion in exemptions and equivalents, the sufficiency of records and logs, and the boundaries of strict liability defences such as reasonable steps or impossibility. The Order’s text does not pre-empt the role of courts in interpreting SOLAS-based obligations domestically.

In short, the Marine Order contains no litigation history. Lawyers must seek court decisions and tribunal records independently to analyse how these or equivalent provisions have been interpreted by courts, including how strict liability and civil penalties have been applied in maritime safety contexts.

This section highlights practical traps and low-obviousness compliance risks that arise directly from the text, with references to the relevant provisions.

Strict liability and civil penalty duplication: The Order makes many offences strict liability and paired with a civil penalty of the same monetary value (for example ss 10-11, 12(5)-(6), 17(4)-(5), 18(4)-(5), 20(5)-(6), 21(5)-(6), 25(2)-(3), 30(3)-(4), 33(4)-(5), 35(6)-(7), 36(4)-(5), 37(3)-(4), 38(2)-(3)). That creates exposure to both criminal and administrative enforcement routes, and strict liability removes fault elements that might otherwise be used in defence. Owners and masters must therefore prioritise prophylactic record-keeping and procedural safeguards.

Turning off AIS or LRIT is tightly constrained: Automatic identification systems must be used and not turned off without advising AMSA (s 20(3)). Long-range identification and tracking equipment must not be switched off except where operation compromises safety or security, and even then the Administration must be informed and a record made of the reason and duration (s 21(3)-(4)). Non-compliant switch-offs are strict liability offences (s 21(5)-(6)). Practically, brief operational or commercial reasons are not lawful grounds to disable tracking or identification without AMSA involvement.

Failure to carry or maintain backup arrangements: For electronic charts and publications the Order requires back-ups (s 24(2)-(3)). Owners must ensure that if ECDIS is used, a backup is available on a second ECDIS or as paper folios. For electronic publications, a printed or quickly retrievable backup must be available within five minutes (s 24(3)). The "five minute" requirement is precise and could create enforcement exposure if backups are not accessible that quickly.

Schedule 2 alternatives have technical specifics: For regulated Australian vessels not covered by SOLAS Chapter IV, Schedule 2 lists equipment combinations that are treated as meeting functional requirements (Schedule 2, Arrangements A and B). Owners who assume a generic "GMDSS capability" without verifying the exact channel, frequency and watchkeeping requirements risk non-compliance. For instance, MF DSC watchkeeping receivers must maintain continuous DSC watch on 2187.5 kHz, and MF/HF configurations must permit selection of specified distress and safety frequencies (Schedule 2).

Owner vs master duties: Several obligations are allocated to owners while similar operational duties fall to masters, creating potential finger-pointing in enforcement situations. For example, owners must ensure equipment is fitted and type approved, and masters must ensure use and on-watch supervision (ss 19, 20). Ensure contracts and operational manuals allocate responsibilities clearly and maintain evidence of delegation and compliance checks.

Compass deviation and inspector directions: The master must keep specified entries in a compass deviation book and ensure deviation does not exceed 5 degrees, otherwise adjust or arrange adjustment by a qualified compass adjuster (s 25(1)). Inspectors may direct masters to have compasses adjusted if records are not complied with or the compass may be unreliable (s 25(5)-(6)). Failure to comply is a strict liability offence. Practically, owners must ensure qualified adjusters are available and that deviation books are completed in the Schedule 1 format.

EPIRB registration and disposal: Owners must ensure EPIRBs fitted or carried on regulated Australian vessels are registered with AMSA and disposed of in accordance with manufacturer instructions (s 30). Notes emphasise updating registration on ownership change and disposal. Failure to update registration is a strict liability offence.

Monthly battery testing obligation: For regulated Australian vessels to which Chapter IV does not apply, battery installations providing emergency power to radio equipment must be tested monthly (s 29(2)(d)). An oversight of frequent monthly testing schedules could lead to enforcement exposure.

Safety, urgency and distress communication formats are prescribed: Communications must follow Articles 32 and 33 of the Radio Regulations (ss 33(1), 35(1), 36(1)). Improper transmissions, interference with communications or misuse of safety signals are offences carrying penalties (ss 33(2)-(3), 34(1), 35(2), 36(2)). Practically, crew training must include format and procedural training, and logbook entries must show adherence to cancellation procedures for urgency or distress messages (s 35(5)).

Misuse of flares requires 24-hour JRCC notification to be a valid defence: The defence to s 40(1) requires at least 24 hours’ notice to the JRCC on the approved form, and no objection from JRCC. Ensure operators using flares for non-emergency activities follow the JRCC notification process and consider State/Territory flare laws as well (s 40(2), note).

Continuity of previous exemptions and approvals: ss 42-43 deem prior exemptions and approvals in force on 30 December 2023 to be in force or approved under the new Order. Owners should confirm conditions attached to those continuations.

Finally, many obligations import external documents "as amended from time to time". That creates a moving standard. Owners and masters must track amendments to SOLAS, Radio Regulations, IMO circulars and domestic ARPANSA standards, because these changes can alter required performance standards without the Marine Order being individually amended.

Compliance requires a structured programme covering equipment, personnel, records, testing schedules and administrative processes. This checklist links the Marine Order provisions to practical actions.

Classification of the vessel and applicable regime

Determine whether the vessel is a regulated Australian vessel and whether Chapter IV or V of SOLAS applies. The obligations differ by category (s 6; ss 27-29). If SOLAS Chapter IV applies, ensure full SOLAS compliance. If not, either meet functional requirements in s 28(2) or implement a Schedule 2 arrangement (s 28(3)).

Equipment and type approval

Audit navigational and radio equipment against SOLAS Regulation 18 and 19 requirements as incorporated in the Order, including ECDIS, AIS, VDR, MF/HF, VHF DSC, ship earth station, EPIRB and back-up communications (ss 19(1), 20(1), 21, 22, 27-29, Schedule 2).
Ensure type approval documentation is on board and valid. For RAVs, AMSA-recognised organisations may perform type approval under agreement with AMSA (s 19 note).

Documentation and on-board publications

Maintain and make available: International Code of Signals, IAMSAR Manual Vol III, Australian GMDSS Handbook (for RAVs), radio logbook, Manual for use by the Maritime Mobile and Maritime Mobile-Satellite Services and Admiralty List of Radio Signals for international voyages, and the List of Ship Stations as applicable (ss 23, 24, 41).
Maintain the compass deviation book with the Schedule 1 entries and ensure updated residual deviation tables are on board (s 25, Schedule 1).

Personnel and training

Ensure masters and officers have required qualifications: ECDIS training per STCW Code Part A of Chapter II for officers and masters when ECDIS is carried (s 20(2)); qualified radio personnel per Regulation 16 of SOLAS and Marine Order 70 for RAVs where applicable (s 29 note).
Maintain records of training and designation of radio responsibilities for distress incidents (s 29(1)(e) note).

Operational procedures and bridge management

Implement bridge design and procedures in line with SOLAS Regulation 15 via owner decisions (s 16).
Ensure watchkeeping and manual-steering arrangements: availability of person with approved steering certificate in hazardous conditions, immediate ability to assume manual control, supervised changeovers between automatic and manual control (s 12). Record routine tests of manual steering following prolonged automatic use (s 12(4)).

Testing, maintenance and backup arrangements

Adhere to manufacturer intervals and instructions for testing and maintenance of radio equipment and navigational systems (s 29(4)). Conduct annual testing of VDRs and AIS by approved facilities and carry certificates/test reports on board (s 19(2)(a),(c)).
For vessels not subject to Chapter IV, test battery installations monthly where they provide emergency power to radio equipment (s 29(2)(d)).
Ensure back-ups for ECDIS and electronic publications are available as required, and that software/hardware complies with IMO guidance (s 24(2)-(4)).

Records, reports and logs

Keep the official logbook or approved alternative with sufficient detail to recreate voyage records; make available for inspection (s 13(1)). For relevant vessels (>500 GT on international voyages exceeding 48 hours), provide daily reports to the owner including position, course, speed and conditions (s 13(2)).
Record dangers, danger messages and transmissions, with exact time and position, in the official logbook (s 32).
Maintain radio logbook entries and records required under SOLAS Chapter IV and MAR Order directions (s 41(d), s 29(1)(f) note).

Communications and distress procedures

Train crew in Radio Regulations Article 32 and 33 formats for distress, urgency and safety communications and in the correct use of life-saving signals as per IAMSAR and International Code of Signals (ss 31, 33-36, 39).
Ensure vessel listens on frequencies during safety communications until satisfied they are not relevant, and that transmissions are not interfered with (s 34).

EPIRB and AIS obligations

Register EPIRBs fitted or carried on regulated Australian vessels with AMSA and update registration on ownership change or disposal; follow manufacturer disposal instructions (s 30).
Keep AIS on and use it per the Revised Guidelines; advise AMSA if AIS is turned off and do not direct crew to turn AIS off (s 20(3)-(4)).

Exemptions and equivalents

If seeking exemption or approval for an equivalent, follow the application process in Division 3 of Marine Order 1, and be prepared to demonstrate that non-compliance is unnecessary or unreasonable and that the equivalent is at least as effective as the requirement (ss 7-8).
Ensure any existing exemptions or approvals previously granted are reviewed for relevant conditions, relying on ss 42-43 for transitional continuity if granted before 30 December 2023.

Policies and contracts

Update operational manuals, safety management systems and vessel checklists to allocate responsibility between owner and master in line with statutory allocations. Ensure charter-party clauses and commercial contracts reflect statutory duties and allocated compliance costs.

Monitoring and audit

Implement an internal compliance audit cycle to verify monthly battery tests, annual VDR/AIS tests, ECDIS backups, compass deviation book entries, logbook and radio logbook maintenance, and EPIRB registration status.
Maintain a single compliance file for each vessel containing type approval certificates, test reports, crew qualifications, AMSA exemptions or equivalents, and inspector directions, to expedite inspection and demonstrate due diligence.

Contacts and practical references:

JRCC Australia contact details included in s 31(3) should be programmed into bridge contact lists for reporting purposes.
Use AMSA’s website references and the GMDSS Handbook for operational guidance as noted in s 41 and various notes throughout the Order.

Following this checklist, with documentation to evidence each element, addresses the principal statutory requirements of the Marine Order. Where uncertainty persists on equivalence or exemption, submit applications under Marine Order 1 and retain copies of AMSA correspondence.

Marine Order 27 (Safety of navigation and radio equipment) 2023

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