Marine Order 31 (SOLAS and non-SOLAS certification) 2019
In ForceCTH
Jurisdiction
Commonwealth
Collection
legislative instrument
Plain English Summary
7/10 complexity
This Marine Order sets out what safety certificates Australian and foreign vessels must hold, the technical criteria for those certificates, and how AMSA or issuing bodies grant, endorse, vary or revoke them. It also requires inspection and maintenance plans for small cargo vessels and creates notification and reporting duties for planned tows, alterations, defects and certain nuclear-vessel matters (see s2; ss7–26,28–36; Schedules 1–3). Vessel owners and masters pay for surveys, inspections and compliance, may face strict‑liability offences and civil penalties, and must provide documents or information when AMSA requests it (see ss25–26,28,31).
Marine Order 31 (SOLAS and non-SOLAS certification) 2019 prescribes the certification, survey, notification and some approval regimes for vessels that are either regulated Australian vessels or foreign vessels that visit Australian waters, and implements Chapters I and VIII of the International Convention for the Safety of Life at Sea (SOLAS) for Australia. The instrument, made under the Navigation Act 2012, sets out which safety certificates are mandatory (SOLAS and non-SOLAS), the criteria for issue, conditions attaching to certificates, endorsement and renewal rules, criteria for variation and revocation, and administrative machinery for approvals such as in‑water inspections, reactor installations and safety assessments for nuclear vessels (see ss 2, 3, 7, 15, 33, 34, 35).
Mechanically, the Marine Order does the following:
Identifies the kinds of SOLAS certificates Australian regulated vessels must hold and links each to the criteria and conditions contained in Schedule 1, so the domestic rules give effect to Regulation 12 of Chapter I and Regulation 10 of Chapter VIII of SOLAS (ss 7, 9, Sched 1). It also sets maximum validity periods for SOLAS certificates (s 12, table).
Prescribes non-SOLAS certificates for passenger vessels and cargo vessels greater than 10 metres that are not covered by SOLAS certification, with the criteria and conditions in Schedule 2 and maximum validity periods (ss 15, 16, 18, 19, 21, Sched 2).
Requires inspection and maintenance plans for cargo vessels of 10 metres or less, establishes approval criteria and subjects approvals to audit and remedial action (ss 24-26, Sched 3).
Requires foreign vessels to hold SOLAS certificates where required by SOLAS, or other documentary evidence of seaworthiness and operational detail where SOLAS certificates are not required, and requires foreign nuclear vessels to provide safety assessments to AMSA prior to arrival (s 27, s 31).
Current sections
Direct links to the current provisions in Marine Order 31 (SOLAS and non-SOLAS certification) 2019.
46
Div 1
Preliminary
Division 1 Preliminary
1
Name of Marine Order
1 Name of Marine Order
This Marine Order is Marine Order 31 (SOLAS and non-SOLAS certification) 2019.
2
Purpose
2 Purpose
This Marine Order:
(a) prescribes matters in relation to the issue of safety certificates for regulated Australian vessels; and
(b) provides for inspection and maintenance plans for cargo vessels that are ≤10 m in length; and
(c) provides requirements for foreign vessels including certification; and
(d) provides notification requirements for planned tows and other reporting matters; and
(e) gives effect to Chapter I and Chapter VIII of SOLAS.
3
Power
3 Power
(1) The following provisions of the Navigation Act provide for this Marine Order to be made:
(a) subsection 98(1) which provides that the regulations may provide for safety certificates;
(b) subsection 98(2) which provides that, without limiting subsection 98(1), the regulations may give effect to SOLAS;
(c) paragraph 98(3)(a) which provides that the regulations may provide that vessels in a particular class must have safety certificates of specified kinds, either generally or in specified circumstances, including certificates relating to survey;
(d) section 314 which provides for regulations to be made prescribing matters for the application for certificates and, among other things, the criteria for issue, variation and revocation of certificates, the conditions which certificates are subject to and the time certificates cease to be in force;
(e) subparagraph 339(2) which provides for regulations to be made relating to specified matters for the safe operation of vessels;
(f) paragraph 340(1)(a) which provides that the regulations may give effect to SOLAS.
(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 anything that must or may be made by the regulations.
4
Definitions
4 Definitions
In this Marine Order:
approved inspection and maintenance plan means a plan approved under section 26.
approved reactor installation means an installation approved under section 34.
approved safety assessment means an assessment approved under section 35.
anniversary date, for a certificate, means the day and the month of each year that corresponds to the date of expiry of the certificate.
certificate of classification, for a vessel, means a certificate issued by a classification society on completion of surveys or inspections verifying that the vessel is in compliance with its rules and regulations for the standards of hull, machinery, boilers, electrical equipment and control systems.
classification society means a non-government organisation that:
(a) establishes and maintains technical standards for the construction and operation of vessels and offshore structures; and
(b) verifies compliance with its rules and regulations.
Note For further information about classification societies — see the International Association of Classification Societies’ website at http://www.iacs.org.uk.
Code of Safety for Diving Systems, 1995 means the Code of Safety for Diving Systems, 1995, adopted by IMO Resolution A.831 (19), as amended from time to time.
ESP Code means the International Code on the Enhanced Programme of Inspections during Surveys of Bulk Carriers and Oil Tankers, 2011, adopted by IMO Resolution A.1049 (27), as in force from time to time.
ISM Code means the International Safety Management (ISM) Code that has the same meaning as in Regulation 1 of Chapter IX of SOLAS.
ISM Guidelines means the Revised Guidelines on the implementation of the International Safety Management (ISM) Code by Administrations, adopted by IMO Resolution A.1071(28), as amended from time to time.
offshore industry unit means a vessel that:
(a) is for use in any operational activity mentioned in subclause 4(1) or 4(5A) of Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006; and
(b) does not include a vessel mentioned in subclause 4(6) of that schedule.
Note 1 The definition includes a vessel described in paragraph (a) whether or not the vessel is located in Commonwealth waters that has the meaning given by the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
Note 2 An offshore industry unit does not include a thing that is not a vessel such as a structure. See section 14 of the Navigation Act for the meaning of vessel.
partially smooth waters means waters where the wave height is up to 1.5 m from trough to crest for at least 90 per cent of the time.
planned tow, for a vessel, means a tow:
(a) by the vessel of another vessel, from a port to another port or on an overseas voyage, that is planned by the owner of the vessel; and
(b) that is not a tow to assist in an emergency involving a threat to a person’s life or to the environment.
smooth waters means waters where the wave height is up to 0.5 m from trough to crest for at least 90 per cent of the time.
Survey Guidelines under the Harmonised System of Survey and Certification means the Survey Guidelines under the Harmonised System of Survey and Certification (HSSC), 2017, adopted by IMO Resolution A. 1120(30), as amended from time to time.
towing assessment, for a planned tow, means an inspection or survey of:
(a) 1 or both vessels to be involved in the planned tow; or
(b) the proposed arrangements for the tow.
Note 1 Information on obtaining copies of IMO Resolutions or other documents mentioned in this Marine Order is available on AMSA’s website http://www.amsa.gov.au.
Note 2 Some terms used in this Marine Order are defined in Marine Order 1 (Administration) 2013, including:
Note: cargo vessel
Note: fishing vessel
Note: length
Note: passenger vessel
Note: SOLAS
Note: USL Code.
Note 3 Other terms used in this Marine Order are defined in the Navigation Act, including:
Note: foreign vessel
Note: Government vessel
Note: inspector
Note: International Tonnage Certificate (1969)
Note: issuing body
Note: marine incident
Note: owner
Note: recognised organisation (for organisations that have been prescribed for the definition — see Marine Order 1 (Administration) 2013)
Note: regulated Australian vessel
Note: vessel.
Note 4 For delegation of AMSA’s powers under this Marine Order — see the AMSA website Marine Orders link at http://www.amsa.gov.au.
5
Interpretation
5 Interpretation
(1) In this Marine Order:
(a) a term that is used but is not defined for this Marine Order, and is defined in SOLAS, has the meaning given by SOLAS; and
(b) mention of the Survey Guidelines under the Harmonised System of Survey and Certification is taken to be a reference to the Guidelines as if in force internationally on a mandatory basis; and
(c) a reference in Schedules 1 to 3 to complies with means, in relation to a Marine Order, compliance with a requirement of the Marine Order that applies to the vessel or its equipment to the extent it has not been disapplied by any exemption or replaced by any approved equivalent.
Note for paragraph (b) Mention of should in the Guidelines is taken to be mention of must.
(2) For Regulation 11(c) of Chapter I of SOLAS, the appropriate authority for Australia is AMSA.
(3) The reference in SOLAS to the Administration 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.
(4) The reference in the Survey Guidelines under the Harmonised System of Survey and Certification to cargo ship is taken to include a fishing vessel for Subdivision 2.2 and Schedule 2.
6
Application
6 Application
(1) This Marine Order applies to:
(a) a regulated Australian vessel; and
(b) a foreign vessel.
(2) However, this Marine Order does not apply to a vessel that is an offshore industry unit.
Note See Marine Order 47 (Offshore industry units) 2019 for requirements that apply to offshore industry units for SOLAS and non-SOLAS certificates.
Div 2
Safety certificates
Division 2 Safety certificates
Subdivision 2.1 SOLAS certificates
7
SOLAS certificates required
7 SOLAS certificates required
(1) A regulated Australian vessel must have a safety certificate of a kind specified in Schedule 1 in accordance with Regulation 12 of Chapter I or Regulation 10 of Chapter VIII of SOLAS.
Note 1 A cargo vessel >300 GT must have a Cargo Ship Safety Radio Certificate.
Note 2 It is an offence under sections 103 and 104 of the Navigation Act if a vessel is taken to sea without a safety certificate of a specified kind in force for the vessel.
(2) A certificate specified in Schedule 1 is also referred to as a SOLAS certificate in this Marine Order.
Note For government vessels, reference should be made to the AMSA website at http://www.amsa.gov.au to ascertain if any exemption has been granted from the requirements of this Marine Order.
8
Applying for SOLAS certificates
8 Applying for SOLAS certificates
(1) For subsection 99(1) of the Navigation Act, a SOLAS certificate is specified as a safety certificate for which a person may apply.
(2) For subsection 99(2) of the Navigation Act, Division 3 of Marine Order 1 (Administration) 2013 (other than section 17) applies to an application to AMSA for a SOLAS certificate.
Note 1 An issuing body may issue a safety certificate under section 100 of the Navigation Act.
Note 2 Division 3 of Marine Order 1 (Administration) 2013 prescribes some general rules about the making and determination of various kinds of applications. Section 17 of that Marine Order provides for internal review of decisions about applications. That section does not apply to decisions about safety certificates because those decisions are reviewable by the Administrative Appeals Tribunal — see subsection 313(1) of the Navigation Act.
9
Criteria for issue of SOLAS certificates
9 Criteria for issue of SOLAS certificates
For paragraph 100(1)(b) of the Navigation Act, the criteria for the issue of a SOLAS certificate are:
(a) for a certificate of a kind specified in Schedule 1 — those mentioned for the certificate in that schedule; and
(b) if the vessel has an arrangement with a classification society for survey and inspection — a valid certificate of classification; and
(c) if the vessel has fitted a fixed diving system constructed after 23 November 1995 — the vessel has a diving safety certificate that is issued by a recognised organisation in accordance with the Code of Safety for Diving Systems, 1995.
10
Conditions of SOLAS certificates
10 Conditions of SOLAS certificates
For paragraph 100(2)(a) of the Navigation Act, a SOLAS certificate is subject to the conditions mentioned in Schedule 1 for the kind of certificate specified in that schedule.
Note An issuing body may impose other conditions on a safety certificate — see paragraph 100(2)(b) of the Navigation Act.
11
Endorsements of SOLAS certificates
11 Endorsements of SOLAS certificates
An issuing body may endorse a SOLAS certificate following the completion of any survey or inspection of the outside of the bottom of the vessel.
Note 1 It is practice for an issuing body endorsing a certificate to be the same as the issuing body that originally issued the certificate.
Note 2 See the following regulations of Chapter I of SOLAS for information about required endorsements — Regulation 8(c) for endorsement of Cargo Ship Safety Certificates, Regulation 9(c) for endorsement of Cargo Ship Safety Radio Certificates, Regulation 10(c) for endorsement of Cargo Ship Safety Construction Certificates.
12
Duration of SOLAS certificates
12 Duration of SOLAS certificates
(1) A SOLAS certificate comes into force in accordance with Regulation 14 of Chapter I, or Regulation 10 of Chapter VIII, of SOLAS.
(2) A SOLAS certificate remains in force for the period mentioned in the following table for the kind of certificate mentioned unless:
(a) a shorter period is specified in the certificate; or
(b) the certificate ceases to be in force in accordance with Regulation 14 of Chapter I, or Regulation 10 of Chapter VIII, of SOLAS.
Kind of certificate(SOLAS)
Maximum period duration
Passenger Ship Safety Certificate
1 year
Cargo Ship Safety Construction Certificate
5 years
Cargo Ship Safety Equipment Certificate
5 years
Cargo Ship Safety Radio Certificate
5 years
Cargo Ship Safety Certificate
5 years
Nuclear Passenger Ship Safety Certificate
1 year
Nuclear Cargo Ship Safety Certificate
1 year
Note Regulation 14 of Chapter I of SOLAS provides a certificate to which it applies ceases to be in force if surveys are not completed within the periods mentioned, the certificate is not endorsed or if the vessel transfers its flag to another State.
13
Criteria for variation of SOLAS certificates
13 Criteria for variation of SOLAS certificates
For subsection 101(1) of the Navigation Act, the criteria for variation of a SOLAS certificate are:
(a) the conditions on the certificate have been complied with; and
(b) the variation is in accordance with Regulation 14 of Chapter I of SOLAS.
Note See paragraphs (c) to (f) and subparagraph (h)(i) of Regulation 14 of Chapter I of SOLAS. A variation may appear in the form of an endorsement on a certificate.
14
Criteria for revocation of SOLAS certificates
14 Criteria for revocation of SOLAS certificates
For section 102 of the Navigation Act, the criteria for revocation of a SOLAS certificate are that:
(a) a condition of the certificate has been, or is likely to be, breached; or
(b) the owner of the vessel for which the certificate is issued has requested the revocation; or
(c) the certificate contains incorrect information.
Subdivision 2.2 Non-SOLAS certificates
15
Application of subdivision
15 Application of subdivision
This subdivision applies to a vessel that is:
(a) a passenger vessel; or
(b) a cargo vessel >10 m in length.
16
Non-SOLAS certificates required
16 Non-SOLAS certificates required
(1) A regulated Australian vessel must have a safety certificate specified in Schedule 2 if the vessel is not required under this Marine Order to be issued a certificate specified in Schedule 1 in accordance with Regulation 12 of Chapter I, or Regulation 10 of Chapter VIII, of SOLAS.
(2) However, a regulated Australian vessel that is a cargo vessel <500GT must have a certificate mentioned in Schedule 2 unless the vessel has a Certificate of Survey for a Yacht or Training Vessel.
Note A cargo vessel >300 GT must have a Cargo Ship Safety Radio Certificate — see section 7.
(3) A certificate specified in Schedule 2 is a safety certificate and is also known as a non-SOLAS certificate.
Note For government vessels, reference should be made to the AMSA website at http://www.amsa.gov.au to ascertain if any exemption has been granted from the requirements of this Marine Order.
17
Applying for non-SOLAS certificates
17 Applying for non-SOLAS certificates
(1) For subsection 99(1) of the Navigation Act, a non-SOLAS certificate is specified as a safety certificate for which a person may apply.
(2) For subsection 99(2) of the Navigation Act, Division 3 of Marine Order 1 (Administration) 2013 (other than section 17) applies to an application to AMSA for a non-SOLAS certificate.
Note 1 An issuing body may issue a safety certificate under section 100 of the Navigation Act.
Note 2 Division 3 of Marine Order 1 (Administration) 2013 prescribes some general rules about the making and determination of various kinds of applications. Section 17 of that Marine Order provides for internal review of decisions about applications. That section does not apply to decisions about safety certificates because those decisions are reviewable by the Administrative Appeals Tribunal — see subsection 313(1) of the Navigation Act.
18
Criteria for issue of non-SOLAS certificates
18 Criteria for issue of non-SOLAS certificates
For paragraph 100(1)(b) of the Navigation Act, the criteria for the issue of a non-SOLAS certificate are:
(a) those mentioned for the kind of certificate specified in Schedule 2; and
(b) for a cargo vessel >300 GT — it has a Cargo Ship Safety Radio Certificate; and
(c) if the vessel has an arrangement with a classification society for survey and inspection — the vessel has a valid certificate of classification; and
(d) if the vessel has fitted a fixed diving system constructed after 23 November 1995 — the vessel has a diving safety certificate that is issued by a recognised organisation in accordance with the Code of Safety for Diving Systems, 1995.
19
Conditions of non-SOLAS certificates
19 Conditions of non-SOLAS certificates
For paragraph 100(2)(a) of the Navigation Act, the conditions for a non-SOLAS certificate are:
(a) the conditions mentioned for the certificate specified in Schedule 2; and
(b) the certificate must be endorsed following the completion of the annual survey, intermediate survey or inspection of the outside of the bottom of the vessel.
Note An issuing body may impose other conditions on a safety certificate — see paragraph 100(2)(b) of the Navigation Act.
20
Endorsements of non-SOLAS certificates
20 Endorsements of non-SOLAS certificates
The issuing body may endorse a non-SOLAS certificate following the completion of the annual survey, intermediate survey or inspection of the outside of the bottom of a vessel.
Note It is practice for an issuing body endorsing a certificate to be the same as the issuing body that originally issued the certificate.
21
Duration of non-SOLAS certificates
21 Duration of non-SOLAS certificates
(1) A certificate comes into force on the day specified in the certificate, and if no day is so specified, on the day which it is issued.
(2) However, for a vessel that has an existing non-SOLAS certificate that has not expired, the new certificate comes into force on completion of the renewal survey.
(3) A non-SOLAS certificate remains in force for the period specified in the following table for the kind of certificate mentioned unless a shorter period is specified in the certificate.
Kind of certificate(non-SOLAS)
Maximum duration period
Certificate of Survey for a Passenger Ship
1 year
Certificate of Survey for a Cargo Ship*
5 years
Certificate of Survey for a Fishing Vessel*
5 years
Note 1 The certificates indicated with an asterisk (*) may be issued in parts corresponding to the areas that would be covered by SOLAS certification, ie, Safety Construction, Safety Equipment and Safety Radio.
Note 2 A certificate that has expired before completion of the vessel's renewal survey may be issued a certificate for a shorter period than the maximum period specified consistent with the duration requirements for SOLAS certificates that are subject to Regulation I/14 of SOLAS.
(4) A non-SOLAS certificate ceases to be in force if:
(a) the vessel ceases to be registered in Australia; or
(b) any survey or inspection is not completed in accordance with this Marine Order; or
(c) the certificate is not endorsed in accordance with this Marine Order; or
(d) the certificate is replaced by re-issue.
22
Criteria for variation of non-SOLAS certificates
22 Criteria for variation of non-SOLAS certificates
(1) For subsection 101(1) of the Navigation Act, the criteria for variation of a non-SOLAS certificate are:
(a) the conditions on the certificate issued for the vessel have been complied with; and
(b) if the variation is for the harmonisation of survey frequency for a vessel that has both a Certificate of Survey for a Passenger Vessel and Certificate of Survey for a Cargo Vessel:
(i) the operational area stated on the Certificate of Survey for a Passenger Vessel is more restricted than the operational area stated on the Certificate of Survey for a Cargo Vessel; and
(ii) AMSA is satisfied that the replacement survey frequency is at least as effective as the survey frequency required under this Marine Order for a Certificate of Survey for a Passenger Vessel; and
(c) if the variation is an extension of the expiry date of the certificate — the vessel is of a kind mentioned in subsection (2).
Note A variation may also appear in the form of an endorsement on a certificate.
(2) For a variation that is an extension of the expiry date of the certificate — AMSA may extend the expiry date for the period and subject to the conditions specified in the following table.
Item
Kind of vessel
Period
Conditions
1
A vessel that is not in the port where it is to be surveyed when the certificate expires
(a) A passenger vessel that is not self propelled and is engaged on short international voyages — up to 1 month from certificate expiry(b) Other vessels — 3 months from certificate expiry
(a) The vessel must travel only to the port where it is to be surveyed(b) The vessel must not leave the port where it is surveyed without a new certificate of the same kind
2
A cargo or passenger vessel that has completed a renewal survey but the new certificate cannot be issued or placed on board the vessel before expiry date of the existing certificate
Up to 5 months from certificate expiry
The existing certificate must be endorsed by the issuing body
3
A passenger vessel with certificate issued for a period less than 5 years
Up to 5 years from certificate commencement
Surveys and inspections are completed in accordance with this Marine Order as if the vessel were a cargo vessel
4
A cargo vessel with a certificate issued for a period less than 5 years
Up to 5 years from certificate commencement
Surveys and inspections are completed in accordance with this Marine Order
Note For the meaning of short international voyage — see Regulation 3 of Chapter III of SOLAS.
(3) If an annual, intermediate or periodical survey of a cargo vessel is completed before the period required by this Marine Order:
(a) the anniversary date shown on the certificate may be amended by endorsement to a date that must not be more than 3 months later than the date when the survey was completed; and
(b) the subsequent annual, intermediate or periodic survey must be completed at the required intervals using the new anniversary date; and
(c) the expiry date shown on the certificate may remain unchanged if at least 1 annual, intermediate or periodical survey is completed so that the maximum intervals between the surveys are not exceeded.
23
Criteria for revocation of non-SOLAS certificates
23 Criteria for revocation of non-SOLAS certificates
For section 102 of the Navigation Act, the criteria for revocation of a non-SOLAS certificate are that:
(a) a condition of the certificate has been, or is likely to be, breached; or
(b) the owner of the vessel for which the certificate is issued has requested the revocation; or
(c) the certificate contains incorrect information.
Subdiv 2
3 Inspection and maintenance plans for cargo vessels ≤10 m
Subdivision 2.3 Inspection and maintenance plans for cargo vessels ≤10 m
24
Application of subdivision
24 Application of subdivision
This subdivision applies to a cargo vessel ≤10 m in length.
25
Inspection and maintenance plans required
25 Inspection and maintenance plans required
(1) The owner of a regulated Australian vessel must not take the vessel to sea, or cause or permit another person to take the vessel to sea, if the vessel does not have an approved inspection and maintenance plan.
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.
26
Approval of inspection and maintenance plans
26 Approval of inspection and maintenance plans
(1) An owner of a regulated Australian vessel may apply to AMSA for an approval of an inspection and maintenance plan in accordance with Marine Order 1 (Administration) 2013.
(2) AMSA may approve an inspection and maintenance plan if satisfied that:
(a) the vessel is designed and constructed in accordance with Marine Order 12 (Construction — subdivision and stability, machinery and electrical installations) 2023; and
(b) the criteria specified in Schedule 3 are met; and
(c) the plan is part of a safety management system for the vessel that complies with Part A of the ISM Code as if it were a vessel to which Chapter IX of SOLAS applies; and
(d) the plan includes the vessel's other operational, manning and maintenance arrangements.
(3) The approval of an inspection and maintenance plan is subject to:
(a) each condition specified in Schedule 3; and
(b) audits being conducted by AMSA to verify ongoing compliance with the plan; and
(c) remedial action being taken to address non-compliance.
Div 3
Foreign vessels — certification
Division 3 Foreign vessels — certification
27
Foreign vessels
27 Foreign vessels
(1) A foreign vessel must:
(a) have any certificate that is required by Regulation 12 of Chapter I, or Regulation 10 of Chapter VIII, of SOLAS; and
(b) comply with SOLAS to the extent that it is required to do so by the Administration of the country in which the vessel is registered.
(2) However, a foreign vessel that is not required to be issued a certificate in accordance with Regulation 12 of Chapter I, or Regulation 10 of Chapter VIII, of SOLAS must:
(a) have at least 1 certificate, or other documentary evidence issued by or on behalf of the country in which it is registered, that:
(i) attests to the vessel’s seaworthiness; and
(ii) includes details of the vessel’s areas of operation, equipment and manning requirements; and
(b) comply with the requirements of the Administration of the country in which it is registered.
Note Division 4 also provides for notification and reporting matters that apply to foreign vessels — see section 28, section 31 and section 32.
Note 2 It is an offence under sections 106 and 107 of the Navigation Act if a foreign vessel is taken to sea without a certificate of a specified kind in force for the vessel.
Div 4
Notification matters
Division 4 Notification matters
28
Notification of planned tows
28 Notification of planned tows
(1) The owner or master of a vessel that is to tow in a planned tow must ensure that AMSA is notified of the planned tow at least 7 days before the tow commences.
Note 1 For the definition of planned tow — see section 4.
Note 2 For a planned tow, notification might be made by the registered agent, the operator of the towing vessel, or the P&I insurer.
Note 3 For guidance about planning safe tows — see IMO Circular MSC.1/Circ.884 Guidelines for safe ocean towing.
(2) The owner or master of a vessel that is to tow in a planned tow must:
(a) implement arrangements for a safe towage operation including:
(i) completion of satisfactory stability assessment; and
(ii) adequate towing equipment; and
(iii) appropriate manning; and
(iv) crew familiarization with responsibilities and duties; and
(v) safe transfer of personnel to and from tow, if applicable; and
(vi) weather forecasting and assessment of environmental conditions; and
(vii) emergency and contingency planning; and
(viii) adequate cargo securing, if applicable; and
(b) provide any information that AMSA requests in relation to the planned tow.
Note 1 Examples of information are:
Note: 1. Vessel stability information
Note: 2. A towing survey report
Note: 3. Seafarer certificates of competency and experience in undertaking a tow
Note: 4. Vessel certificates.
Note 2 An inspector may issue a prohibition notice about the conduct of the planned tow if the inspector believes on reasonable grounds that it would involve a serious risk to the health or safety of a person — see section 267 of the Navigation Act. An inspector may also issue directions or if the inspector believes a person is not complying with requirements — see section 264 of the Act.
(3) AMSA may conduct, or arrange for the conduct of, a towing assessment for the planned tow.
29
Notification of alterations, major renewal or repair on vessel
29 Notification of alterations, major renewal or repair on vessel
(1) For paragraph 105(1)(c) of the Navigation Act, the period within which AMSA and each issuing body must be informed of an alteration to a regulated Australian vessel is within 7 days of making the alteration.
Note 1 Section 105 of the Navigation Act provides an obligation to notify alterations of regulated Australian vessels that affect the safety certificates that the vessel is required to have.
(2) The owner or master of a regulated Australian vessel must also inform AMSA and the issuing body of the details of any major renewal or major repair on the vessel within 7 days of completion of the renewal or repair.
Note Sections 185 and 186 of the Navigation Act also impose an obligation on an owner and master for the reporting of marine incidents to AMSA. Section 23A of Marine Order 1 (Administration) 2013 prescribes matters in relation to reporting under sections 185 and 186.
30
Reporting of defects on a regulated Australian vessel
30 Reporting of defects on a regulated Australian vessel
(1) If a defect is discovered on a regulated Australian vessel, the defect must be reported:
(a) at the earliest opportunity to AMSA; and
(b) if the vessel is in port of another SOLAS Contracting Government — immediately to the appropriate authority of the SOLAS Contracting Government.
(2) In subsection (1):
defect has the meaning given by Regulation 11(c) of Chapter I of SOLAS.
Note 1 An approved form for the reporting of defects to AMSA is available on AMSA’s website at http://www.amsa.gov.au/forms.
Note 2 Under sections 185 and 186 of the Navigation Act, the owner and master of a vessel have reporting obligations in relation to marine incidents. Section 23A of Marine Order 1 (Administration) 2013 prescribes matters for sections 185 and 186.
31
Reporting by vessel that is nuclear vessel
31 Reporting by vessel that is nuclear vessel
(SOLAS, Chapter VIII, Regulation 7(b))
(1) The owner or master of a regulated Australian vessel to which Chapter VIII of SOLAS applies must provide to the government of a country that it is to visit a copy of the vessel's safety assessment sufficiently in advance before the arrival of the vessel.
Penalty: 50 penalty units.
(2) The owner or master of a foreign vessel to which Chapter VIII of SOLAS applies must provide to AMSA a copy of the vessel's safety assessment sufficiently in advance before the arrival of the vessel in its first port in Australia.
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.
Note Sufficiently in advance is taken to mean as soon as possible. This may be as soon as the vessel's voyage or routing plan identifying intended ports of call is determined but at least 12 months before arrival.
32
Marine incidents
32 Marine incidents
For paragraph (l) of the definition of marine incident in subsection 14(1) of the Navigation Act, damage to a vessel is prescribed if:
(a) it has become, or is likely to become, an environmental hazard; and
(b) the vessel is subject to Chapter VIII of SOLAS.
Div 5
Approval matters
Division 5 Approval matters
33
Approval of in-water inspections
33 Approval of in-water inspections
(1) The owner of a vessel may apply to AMSA for approval of an in-water inspection to replace any of the dry-dock inspections required under this Marine Order.
Note 1 For a SOLAS certificate, the effect of Regulations 7 and 10 of Chapter I and Regulation 9 of Chapter VIII of SOLAS and the Survey Guidelines under the Harmonised System of Survey and Certification is that a vessel is required to have 2 dry-dock inspections in the applicable validity period of a SOLAS certificate.
Note 2 For a non-SOLAS certificate, the dry-dock inspection requirements are specified in Division 3.
(2) The application for approval must be made in accordance with Marine Order 1 (Administration) 2013.
Note Marine Order 1 (Administration) 2013 requires a supporting statement setting out the grounds of the application. It also provides that if a fee is charged the application must be accompanied by the prescribed fee and, if a form is approved for the application, the approved form must be used.
(3) AMSA may approve inspection of the bottom of the vessel to be conducted in-water, in lieu of a dry-dock inspection, if:
(a) for a vessel that is participating in an extended dry-docking scheme — AMSA is satisfied that the scheme:
(i) is approved by the classification society for the vessel; and
(ii) complies with IACS Rec. No 133 Guidelines for Pilot Schemes of Extended Interval between Surveys in Dry-dock – Extended Dry-docking (EDD) Scheme, as amended from time to time; and
(b) for a vessel that is not participating in an extended dry-docking scheme:
(i) the vessel is not a ro-ro passenger vessel; and
(ii) for a vessel to which the ESP Code applies — the in-water inspection is not combined with the renewal survey; and
(iii) the vessel is less than 15 years old; and
(c) AMSA is satisfied that the in-water inspection is at least as effective as a dry-dock inspection.
Note for paragraph (c) For passenger vessels, AMSA may take into account MSC.1/Circ.1348 Guidelines for the assessment of technical provisions for the performance of an in-water survey in lieu of bottom inspection in dry-dock to permit one dry-dock examination in any five year period for passenger ships other than ro-ro passenger ships and as amended from time to time.
(4) The approval is subject to the following conditions:
(a) for a vessel that is participating in an extended dry-docking scheme — any condition imposed by AMSA; and
(b) for a vessel that is not participating in an extended dry-docking scheme:
(i) the in-water inspection is in accordance with Survey Guidelines under the Harmonised System of Survey and Certification;
(ii) the interval between consecutive inspections in dry-dock does not exceed 60 months unless Regulation I/14(e) and (f) of Chapter I of SOLAS applies;
(iii) the interval between 2 consecutive inspections of the outside of the vessel's bottom does not exceed 36 months.
34
Approval of reactor installations for nuclear vessels
34 Approval of reactor installations for nuclear vessels
(SOLAS, Chapter VIII, Regulation 4)
(1) An owner of a regulated Australian vessel may apply for approval of a reactor installation in accordance with Marine Order 1 (Administration) 2013.
(2) AMSA may approve a reactor installation for a nuclear vessel if satisfied of the matters mentioned in Regulation 4 of Chapter VIII of SOLAS.
35
Approval of safety assessments for nuclear vessels
35 Approval of safety assessments for nuclear vessels
(SOLAS, Chapter VIII, Regulation 7(a))
(1) An owner of a regulated Australian vessel may apply for an approval of a safety assessment in accordance with Marine Order 1 (Administration) 2013.
(2) AMSA may approve a safety assessment for a nuclear vessel if satisfied of the matters mentioned in paragraph 7(a) of Chapter VIII of SOLAS.
Div 6
Other matters
Division 6 Other matters
36
Certificates that do not make a vessel a regulated Australian vessel
36 Certificates that do not make a vessel a regulated Australian vessel
For subparagraph 15(1)(c)(ii) of the Navigation Act, the following certificates are prescribed:
(a) an International Tonnage Certificate (1969);
(b) a pollution certificate;
(c) a declaration of maritime labour compliance.
Sch 1
SOLAS certificates — criteria for issue and conditions
Schedule 1 SOLAS certificates — criteria for issue and conditions
(sections 7, 9, 10, 16, 18 and 35)
1.1 Passenger Ship Safety Certificate
Criteria
Conditions
The passenger vessel:(a) has been surveyed in accordance with Regulation 7 of Chapter I of SOLAS and Survey Guidelines under the Harmonised System of Survey and Certification; and(b) complies with the following Marine Orders:(i) Marine Order 12 (Construction — subdivision and stability, machinery and electrical installations) 2023;(ii) Marine Order 15 (Construction — fire protection, fire detection and fire extinction) 2014;(iii) Marine Order 21 (Safety and emergency arrangements) 2016;(iv) Marine Order 25 (Equipment — lifesaving) 2014;(v) Marine Order 27 (Safety of navigation and radio equipment) 2023;(vi) Marine Order 30 (Prevention of collisions) 2016.
(1) The vessel and its equipment and appliances are maintained to comply with the Marine Orders mentioned in column 1.(2) Each survey or inspection of the vessel that is required by Regulation 7 of Chapter I of SOLAS is completed in accordance with that regulation and the Survey Guidelines under the Harmonised System of Survey and Certification.(3) After any survey or inspection mentioned in Regulation 7 of Chapter I of SOLAS has been completed, any proposed change to the structure, equipment, systems, fittings, arrangements or material covered by the survey, other than the direct replacement of equipment or fittings, is approved by AMSA.
1.2 Cargo Ship Safety Construction Certificate
Criteria
Conditions
The cargo vessel:(a) has been surveyed in accordance with Regulation 10 of Chapter I of SOLAS and Survey Guidelines under the Harmonised System of Survey and Certification; and(b) complies with following Marine Orders:(i) Marine Order 12 (Construction — subdivision and stability, machinery and electrical installations) 2023;(ii) Marine Order 15 (Construction — fire protection, fire detection and fire extinction) 2014.
(1) The vessel and its equipment and appliances are maintained to comply with the Marine Orders mentioned in column 1.(2) Each survey or inspection of the vessel that is required by Regulation 10 of Chapter I of SOLAS is completed in accordance with that regulation and Survey Guidelines under the Harmonised System of Survey and Certification.(3) Any endorsement required to be made to the certificate under Regulation 10 or 14 of Chapter I of SOLAS are made.(4) After any survey mentioned in Regulation 10 of Chapter I of SOLAS has been completed, any change to the structure, equipment, systems, fittings, arrangements or material covered by the survey, other than the direct replacement of equipment or fittings, is approved by AMSA.Note Section 12 of Marine Order 18 (measures to enhance maritime safety) 2013 requires a bulk carrier or oil tanker to complete surveys in accordance with Regulation 2 of Chapter XI-1 of SOLAS.
1.3 Cargo Ship Safety Equipment Certificate
Criteria
Conditions
The cargo vessel:(a) has been surveyed in accordance with Regulation 8 of Chapter I of SOLAS and Survey Guidelines under the Harmonised System of Survey and Certification; and(b) complies with the following Marine Orders:(i) Marine Order 12 (Construction — subdivision and stability, machinery and electrical installations) 2023;(ii) Marine Order 15 (Construction — fire protection, fire detection and fire extinction) 2014;(iii) Marine Order 21 (Safety and emergency arrangements) 2016;(iv) Marine Order 25 (Equipment — lifesaving) 2014;(v) Marine Order 30 (Prevention of collisions) 2016.
(1) The vessel and its equipment and appliances are maintained to comply with the Marine Orders mentioned in column 1.(2) Each survey or inspection of the vessel that is required by Regulation 8 of Chapter I of SOLAS is completed in accordance with that regulation and Survey Guidelines under the Harmonised System of Survey and Certification.(3) Any endorsement required to be made to the certificate under Regulation 8 or 14 of Chapter I of SOLAS is made.(4) After any survey mentioned in Regulation 8 of Chapter I of SOLAS has been completed, any change to the structure, equipment, systems, fittings, arrangements or material covered by the survey, other than the direct replacement of equipment or fittings, is approved by AMSA.
1.4 Cargo Ship Safety Radio Certificate
Criteria
Conditions
The cargo vessel:(a) has been surveyed in accordance with Regulation 9 of Chapter I of SOLAS and Survey Guidelines under the Harmonised System of Survey and Certification; and(b) complies with Marine Order 27 (Safety of navigation and radio equipment) 2023.
(1) The vessel and its equipment and appliances are maintained to comply with the Marine Orders mentioned in column 1.(2) Each survey or inspection of the vessel that is required by Regulation 9 of Chapter I of SOLAS is completed in accordance with that regulation and Survey Guidelines under the Harmonised System of Survey and Certification.(3) Any endorsement required to be made to the certificate under Regulation 9 or 14 of Chapter I of SOLAS are made.(4) After any survey or inspection mentioned in Regulation 9 of Chapter I of SOLAS has been completed, any change to the structure, equipment, systems, fittings, arrangements or material covered by the survey, other than the direct replacement of equipment or fittings, is approved by AMSA.
1.5 Cargo Ship Safety Certificate
Criteria
Conditions
The cargo vessel:(a) has been surveyed in accordance with Regulations 8, 9 and 10 of Chapter I and Survey Guidelines under the Harmonised System of Survey and Certification; and(b) complies with the following Marine Orders:(i) Marine Order 12 (Construction — subdivision and stability, machinery and electrical installations) 2023;(ii) Marine Order 15 (Construction — fire protection, fire detection and fire extinction) 2014;(iii) Marine Order 21 (Safety and emergency arrangements) 2016;(iv) Marine Order 25 (Equipment — lifesaving) 2014;(v) Marine Order 27 (Safety of navigation and radio equipment) 2023;(vi) Marine Order 30 (Prevention of collisions) 2016.
(1) The vessel and its equipment and appliances are maintained to comply with the Marine Orders mentioned in column 1.(2) Each survey or inspection of the vessel that is required by Regulation 8, 9 or 10 of Chapter I of SOLAS is completed in accordance with that regulation and Survey Guidelines under the Harmonised System of Survey and Certification.(3) Any endorsement required to be made to the certificate under Regulations 8, 9, 10 and 14 of Chapter I of SOLAS is made.(4) After any survey or inspection mentioned in Regulations 8, 9 and 10 of Chapter I of SOLAS has been completed, any change to the structure, equipment, systems, fittings, arrangements or material covered by the survey, other than the direct replacement of equipment or fittings, is approved by AMSA.Note Section 12 of Marine Order 18 (measures to enhance maritime safety) 2013 requires a bulk carrier or oil tanker to complete surveys in accordance with Regulation 2 of Chapter XI-1 of SOLAS.
1.6 Nuclear Passenger Ship Safety Certificate
Criteria
Conditions
The passenger vessel:(a) has an approved reactor installation; and(b) has an approved safety assessment; and(c) has been surveyed in accordance with Regulation 10(b) of Chapter VIII of SOLAS and Survey Guidelines under the Harmonised System of Survey and Certification; and(d) complies with the following Marine Orders:(i) Marine Order 12 (Construction — subdivision and stability, machinery and electrical installations) 2023;(ii) Marine Order 15 (Construction — fire protection, fire detection and fire extinction) 2014;(iii) Marine Order 21 (Safety and emergency arrangements) 2016;(iv) Marine Order 25 (Equipment — lifesaving) 2014;(v) Marine Order 27 (Safety of navigation and radio equipment) 2023;(vi) Marine Order 30 (Prevention of collisions) 2016.
(1) The vessel and its equipment and appliances are maintained to comply with the Marine Orders mentioned in column 1.(2) Each survey of the vessel that is required in accordance with Regulation 7 or 10 of Chapter I of SOLAS is completed in accordance with that regulation and Survey Guidelines under the Harmonised System of Survey and Certification.(3) After the survey mentioned in Regulation 10(b) of Chapter VIII of SOLAS has been completed, any change to the structure, equipment, systems, fittings, arrangements or material covered by the survey, other than the direct replacement of equipment or fittings, is approved by AMSA.
1.7 Nuclear Cargo Ship Safety Certificate
Criteria
Conditions
The cargo vessel:(a) has an approved reactor installation; and(b) has an approved safety assessment; and(c) has been surveyed in accordance with Regulation 10(c) of Chapter VIII of SOLAS and Survey Guidelines under the Harmonised System of Survey and Certification; and(d) complies with the following Marine Orders:(i) Marine Order 12 (Construction — subdivision and stability, machinery and electrical installations) 2023;(ii) Marine Order 15 (Construction — fire protection, fire detection and fire extinction) 2014;(iii) Marine Order 21 (Safety and emergency arrangements) 2016;(iv) Marine Order 25 (Equipment — lifesaving) 2014;(v) Marine Order 27 (Safety of navigation and radio equipment) 2023;(vi) Marine Order 30 (Prevention of collisions) 2016.
(1) The vessel and its equipment and appliances are maintained to comply with the Marine Orders mentioned in column 1.(2) Each survey of the vessel that is required in accordance with Regulation 8, 9 or 10 of Chapter I of SOLAS is completed in accordance with that regulation and Survey Guidelines under the Harmonised System of Survey and Certification.(3) After the survey mentioned in Regulation 10(c) of Chapter VIII of SOLAS has been completed, any change to the structure, equipment, systems, fittings, arrangements or material covered by the survey, other than the direct replacement of equipment or fittings, is approved by AMSA.
Sch 2
Non-SOLAS certificates — criteria for issue and conditions
Schedule 2 Non-SOLAS certificates — criteria for issue and conditions
(sections 16, 18, 19 and 26)
2.1 Certificate of Survey for a Passenger Vessel
Criteria
Conditions
The passenger vessel:(a) has completed an initial survey or renewal survey mentioned in the Survey Guidelines under the Harmonised System of Survey and Certification as if surveyed for a Passenger Ship Safety Certificate; and(b) complies with the following Marine Orders:(i) Marine Order 12 (Construction — subdivision and stability, machinery and electrical installations) 2023;(ii) Marine Order 15 (Construction — fire protection, fire detection and fire extinction) 2014;(iii) Marine Order 21 (Safety and emergency arrangements) 2016;(iv) Marine Order 25 (Equipment — lifesaving) 2014;(v) Marine Order 27 (Safety of navigation and radio equipment) 2023;(vi) Marine Order 30 (Prevention of collisions) 2016;(vii) Marine Order 58 (Safe management of vessels) 2015 as if it were a vessel to which Chapter IX of SOLAS applies.
(1) The vessel and its equipment and appliances are maintained to comply with the Marine Orders mentioned in column 1.(2) Completes each survey or inspection mentioned in the Survey Guidelines under the Harmonised System of Survey and Certification as if surveyed for a Passenger Ship Safety Certificate.(3) Any endorsement required to be made to the certificate under this Marine Order is made.(4) After any survey has been completed, any proposed change to the structure, equipment, systems, fittings, arrangements or material covered by the survey, other than the direct replacement of equipment or fittings, is approved by AMSA.
2.2 Certificate of Survey for a Cargo Vessel >10 m in length (other than a Fishing Vessel)
Criteria
Conditions
For a cargo vessel that is >10 m in length (other than a fishing vessel) — the vessel has:(a) has completed an initial or renewal survey mentioned in the Survey Guidelines under the Harmonised System of Survey and Certification as if surveyed for a Cargo Ship Safety Certificate; and(b) complies with the following Marine Orders:(i) Marine Order 12 (Construction — subdivision and stability, machinery and electrical installations) 2023;(ii) Marine Order 15 (Construction — fire protection, fire detection and fire extinction) 2014;(iii) Marine Order 21 (Safety and emergency arrangements) 2016;(iv) Marine Order 25 (Equipment — lifesaving) 2014;(v) Marine Order 27 (Safety of navigation and radio equipment) 2023;(vi) Marine Order 30 (Prevention of collisions) 2016.The owner of the vessel who has agreed to take over all the duties and responsibilities imposed by the ISM Code (in the ISM Code called the Company) has given the issuing body a written declaration that there is in place for the vessel a safety management system that complies with Part A of the ISM Code, as if it were a vessel to which Chapter IX of SOLAS applies.
(1) The vessel and its equipment and appliances are maintained to comply with the Marine Orders mentioned in column 1.(2) Completes each survey or inspection mentioned in the Survey Guidelines under the Harmonised System of Survey and Certification as if surveyed for a Cargo Ship Safety Certificate.(3) Any endorsement required to be made to the certificate under this Marine Order is made.(4) After any survey has been completed, any change to the structure, equipment, systems, fittings, arrangements or material covered by the survey, other than the direct replacement of equipment or fittings, must be approved by AMSA.(5) There is in place for the vessel a safety management system that is applied on the vessel in accordance with the ISM Code and the ISM Guidelines.Note The safety management system may include the towing arrangement for any towed barge >10 m in length if the barge:(a) is not self-propelled; and(b) has no crew or passengers; and(c) does not carry oil or noxious substances; and(d) does not produce oil residues; and(e) has no arrangement for sewage.(6) If the vessel is <24 m in length and is carrying sail — the vessel complies with the requirements of the USL Code for watertight subdivision of Class 1 vessels.Note The Uniform Shipping Laws Code is available on AMSA’s website at http://www.amsa.gov.au.
2.3 Certificate of Survey for a Fishing Vessel >10 m in length
Criteria
Conditions
The fishing vessel:(a) has completed an initial or renewal survey mentioned in the Survey Guidelines under the Harmonised System of Survey and Certification as if surveyed for a Cargo Ship Safety Certificate; and(b) complies with the following Marine Orders:(i) Marine Order 12 (Construction — subdivision and stability, machinery and electrical installations) 2023;(ii) Marine Order 15 (Construction — fire protection, fire detection and fire extinction) 2014;(iii) Marine Order 21 (Safety and emergency arrangements) 2016;(iv) Marine Order 25 (Equipment — lifesaving) 2014;(v) Marine Order 27 (Safety of navigation and radio equipment) 2023;(vi) Marine Order 30 (Prevention of collisions) 2016.The owner of the vessel who has agreed to take over all the duties and responsibilities imposed by the ISM Code (in the ISM Code called the Company) has given the issuing body a written declaration that there is in place for the vessel a safety management system that complies with Part A of the ISM Code, as if it were a vessel to which the Chapter IX of SOLAS applies.
(1) The vessel and its equipment and appliances are maintained to comply with the Marine Orders mentioned in column 1.(2) Completes each survey or inspection mentioned in the Survey Guidelines under the Harmonised System of Survey and Certification as if surveyed for a Cargo Ship Safety Certificate.(3) Any endorsement required to be made to the certificate under this Marine Order is made.(4) After any survey mentioned in Schedule 2 has been completed, any change to the structure, equipment, systems, fittings, arrangements or material covered by the survey, other than the direct replacement of equipment or fittings, is approved by AMSA.
Sch 3
Inspection and maintenance plans — criteria and conditions for approval
Schedule 3 Inspection and maintenance plans — criteria and conditions for approval
(section 26)
3.1 Inspection and maintenance plan for cargo vessels ≤10 m in length
Criteria
Conditions
For a cargo vessel that is ≤10 m in length:(a) the vessel and its equipment has been inspected by AMSA; and(b) it is assigned:(i) 2A service category restricted to 2C service operations or restricted to service within smooth or partially smooth waters; or(ii) 2C service category; or(iii) 2C service category restricted to service within smooth or partially smooth waters; and(c) it complies with the following Marine Orders:(i) Marine Order 12 (Construction — subdivision and stability, machinery and electrical installations) 2023;(ii) Marine Order 15 (Construction — fire protection, fire detection and fire extinction) 2014;(iii) Marine Order 21 (Safety and emergency arrangements) 2016;(iv) Marine Order 25 (Equipment — lifesaving) 2014;(v) Marine Order 27 (Safety of navigation and radio equipment) 2023;(vi) Marine Order 30 (Prevention of collisions) 2016.The owner of the vessel who has agreed to take over all the duties and responsibilities imposed by the ISM Code (in the ISM Code called the Company) has given the issuing body a written declaration that there is in place for the vessel a safety management system that complies with Part A of the ISM Code, as if it were a vessel to which Chapter IX of SOLAS applies.
(1) The vessel and its equipment and appliances are maintained to comply with the Marine Orders mentioned in column 1.(2) Each inspection of the vessel and its equipment required by the vessel's approved inspection and maintenance plan is completed.
Notes to Marine Order 31 (SOLAS and non-SOLAS certification) 2019
Note 1
Note: Marine Order 31 (SOLAS and non-SOLAS certification) 2019 (in force under subsection 342(1) of the Navigation Act 2012) as shown in this compilation comprises Marine Order 31 (SOLAS and non-SOLAS certification) 2019 amended as indicated in the following tables.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
1 Marine Order 31 (SOLAS and non-SOLAS certification) 2019
Marine Order 31 (SOLAS and non-SOLAS certification) 2019
made under the Navigation Act 2012
Compilation no. 2
Compilation date: 1 January 2024
This compilation was prepared on 29 February 2024 taking into account amendments up to Marine Orders Amendment (Marine Order 12 — consequential changes) Order 2023 and Marine Orders Amendment (Marine Order 27 — consequential changes) Order 2023
Prepared by the Australian Maritime Safety Authority
Division 1 Preliminary
1 Name of Marine Order
2 Purpose
3 Power
4 Definitions
5 Interpretation
6 Application
Division 2 Safety certificates
Subdivision 2.1 SOLAS certificates
7 SOLAS certificates required
8 Applying for SOLAS certificates
9 Criteria for issue of SOLAS certificates
10 Conditions of SOLAS certificates
11 Endorsements of SOLAS certificates
12 Duration of SOLAS certificates
13 Criteria for variation of SOLAS certificates
14 Criteria for revocation of SOLAS certificates
Subdivision 2.2 Non-SOLAS certificates
15 Application of subdivision
16 Non-SOLAS certificates required
17 Applying for non-SOLAS certificates
18 Criteria for issue of non-SOLAS certificates
19 Conditions of non-SOLAS certificates
20 Endorsements of non-SOLAS certificates
21 Duration of non-SOLAS certificates
22 Criteria for variation of non-SOLAS certificates
23 Criteria for revocation of non-SOLAS certificates
Subdivision 2.3 Inspection and maintenance plans for cargo vessels ≤10 m
24 Application of subdivision
25 Inspection and maintenance plans required
26 Approval of inspection and maintenance plans
Division 3 Foreign vessels — certification
27 Foreign vessels
Division 4 Notification matters
28 Notification of planned tows
29 Notification of alterations, major renewal or repair on vessel
30 Reporting of defects on a regulated Australian vessel
31 Reporting by vessel that is nuclear vessel
Prescribes notification and reporting obligations for planned tows, alterations or major repairs, defects and certain marine incidents, with statutory timeframes and examples of information that may be requested (ss 28-32).
Establishes approval processes and criteria for replacing dry-docking inspections with in-water inspections where equivalence can be demonstrated, and for approval of reactor installations and safety assessments for nuclear vessels (ss 33-35).
Provides enforcement hooks: endorsement requirements, suspension/variation/revocation criteria for certificates, civil penalty exposure and specified criminal penalties for some contraventions; and refers to inspector powers under the Navigation Act (ss 11-14, 22-23, 25, 31; notes cross-referencing Navigation Act provisions).
The stated regulatory purpose in s 2 is fivefold: to prescribe matters for safety certificates, to provide for inspection and maintenance plans for small cargo vessels, to provide requirements for foreign vessels, to provide notification and reporting matters including planned tows, and to give effect to SOLAS Chapters I and VIII. Those purpose statements appear in the instrument as claims about intent; the text that follows operationalises those claims by creating mandatory certificate classes, procedural steps for applying and approving, inspection regimes, and express obligations on owners and masters.
The instrument centralises a number of discrete decision points with the Australian Maritime Safety Authority (AMSA): issuance, approval and auditing of certificates and plans, and the power to require endorsements, conduct towing assessments, and approve equivalence (see ss 8, 17, 26, 33). Owners and masters are the primary duty‑holders for compliance: they must apply for and hold the appropriate certificates, ensure surveys and endorsements occur, notify AMSA of specified events and obtain AMSA approvals where required (see ss 7, 16, 25, 28-29, 33). The instrument relies heavily on cross-reference to the Survey Guidelines under the Harmonised System of Survey and Certification and to Marine Orders dealing with construction, safety equipment, emergency arrangements and radio equipment, making compliance a multi-instrument task (see s 4 definitions and Schedules 1-3).
Main concepts
Several core concepts structure the Marine Order and determine obligations.
SOLAS certificates versus non-SOLAS certificates: The instrument distinguishes certificates that are required under SOLAS Regulations and those that are domestically prescribed for classes of vessels not captured by SOLAS. SOLAS certificates are listed in Schedule 1 (Passenger Ship Safety Certificate, Cargo Ship Safety Construction/Equipment/Radio/Combined Certificates, and nuclear variants) and must be issued in accordance with SOLAS Regulation 12 of Chapter I or Regulation 10 of Chapter VIII (ss 7, 9, Sched 1). Non-SOLAS certificates are listed in Schedule 2 and apply to passenger vessels and cargo vessels over 10 metres that are not captured by SOLAS certification, with criteria in Schedule 2 (ss 15-16, Sched 2).
Survey Guidelines, ISM Code and other external instruments adopted as mandatory: The text repeatedly makes compliance with the Survey Guidelines under the Harmonised System of Survey and Certification, the ISM Code, and various Marine Orders a precondition for issue and maintenance of certificates (see s 5(1)(b) and Schedules 1-3). Important interpretive rules convert "should" in the Guidelines to "must" for domestic application, and treat references to the Guidelines as if they were in force internationally on a mandatory basis (s 5(1)(b); note to paragraph).
Role of AMSA and issuing bodies: AMSA is the competent authority for Australia under SOLAS for the purposes of Regulation 11(c) of Chapter I, and it has powers to approve certificates, approve equivalences, conduct towing assessments, approve in-water inspections, and audit approved plans (s 5(2); ss 8, 26, 28, 33-35). The instrument also contemplates issuing bodies and recognised organisations, and that an issuing body may issue safety certificates under section 100 of the Navigation Act (notes in ss 8 and 17).
Endorsements, surveys and survey frequency: The instrument requires endorsement of certificates following specific surveys and inspections (ss 11, 19). It specifies maximum intervals and special variation rules for harmonising survey frequency and extending certificate expiry in defined circumstances (s 12, s 22).
Inspection and maintenance plans for small cargo vessels: Cargo vessels ≤10 m must not go to sea unless they hold an approved inspection and maintenance plan; the approval requires compliance with design, Schedule 3 criteria and an ISM Code‑equivalent safety management system (ss 24-26, Sched 3). Approvals are subject to audits and remedial action (s 26(3)).
Notification and reporting: The Marine Order imposes time-bound notification obligations for planned tows (at least 7 days before a planned tow , s 28(1)), for alterations and major repairs (within 7 days , s 29), and for defects (at the earliest opportunity to AMSA, and immediate reporting to appropriate authority if in another SOLAS Contracting Government port , s 30). Nuclear vessels have additional pre-arrival safety assessment obligations with a stated interpretative note that "sufficiently in advance" is usually at least 12 months (s 31 and note).
Equivalence and approvals: Provisions permit replacement of dry-dock inspections by in-water inspections where AMSA is satisfied of equivalence, subject to conditions and limits (s 33). AMSA also approves reactor installations and safety assessments for nuclear vessels under tests drawn from SOLAS (ss 34-35).
Terminology definitions in s 4 are consequential; they bring in the Survey Guidelines, ISM Code, ESP Code and other international instruments as relevant standards, and define terms such as planned tow, smooth or partially smooth waters, inspection and maintenance plan, and certificate of classification. The concept of a certification regime that integrates international standards, national Marine Orders and AMSA approvals is the organising logic.
Who it affects
The instrument applies on its face to two principal categories: regulated Australian vessels and foreign vessels (s 6(1)). It expressly excludes offshore industry units, and defers those units to Marine Order 47 (s 6(2) and note). Within those two categories, the effects are distributed as follows.
Owners and masters of regulated Australian vessels are primary duty‑holders. They must ensure the vessel holds the correct type of certificate (SOLAS per s 7, or non-SOLAS per s 16), apply for certificates (ss 8, 17), ensure surveys and endorsements occur (ss 11, 19), notify AMSA of planned tows and alterations (ss 28, 29), report defects promptly (s 30), not take cargo vessels ≤10 m to sea unless an approved inspection and maintenance plan is in force (s 25), and seek AMSA approvals when required such as for in‑water inspections or reactor installations (ss 33-35).
Issuing bodies and AMSA are decision-makers. AMSA is identified as the appropriate authority for Australia under SOLAS (s 5(2)), and the Marine Order provides AMSA powers to approve plans, audit compliance, endorse, vary, revoke or approve equivalence for inspections or designs (ss 8, 26, 33-35). Issuing bodies may issue safety certificates and add endorsements; their practices are referenced in notes (see ss 8 and 11 notes).
Operators, classification societies and recognised organisations are affected. Where a vessel has an arrangement with a classification society, a valid certificate of classification is a stated criterion for issue of certificates (ss 9(b), 18(c)). Recognised organisations also feature in relation to diving safety certificates when a fixed diving system was installed after 23 November 1995 (ss 9(c), 18(d)).
Small vessel owners and skippers: cargo vessel owners of vessels ≤10 m are specifically targeted by the inspection and maintenance plan rules; failing to hold an approved plan is a strict liability offence carrying criminal and civil penalty exposure (ss 24-26).
Masters of foreign vessels and foreign vessel owners: foreign vessels must hold SOLAS certificates where required by SOLAS, or documentary evidence of seaworthiness and manning where SOLAS certificates are not required (s 27). Foreign nuclear vessels must provide safety assessments to AMSA prior to arriving in their first port in Australia (s 31(2)), with criminal and civil penalty exposure for non-compliance.
Seafarers and companies required to implement the ISM Code: various certificates and Schedules require that a vessel has a safety management system that complies with Part A of the ISM Code, either directly (Schedules 2 and 3) or "as if" the vessel were covered by Chapter IX of SOLAS (Sched 2, Sched 3). This makes companies and seafarers subject to SMS requirements in practice even where SOLAS does not strictly apply.
Inspectors and enforcement personnel: the instrument interacts with inspector powers under the Navigation Act; inspectors can issue prohibition notices or directions about planned towing operations when they believe a serious risk exists (s 28(2) note referencing ss 267, 264 of the Navigation Act).
In financial terms, owners bear the direct costs of surveys, endorsements, certificates, ISM Code implementation and remediation; operators will incur compliance costs to adapt operations, maintain equipment and manage scheduling for surveys and endorsements. AMSA bears administrative and audit costs for approvals and ongoing monitoring. Classification societies and recognised organisations may benefit commercially from survey and certification contracts; issuing bodies will hold roles in administering certificates.
Key duties and rights
The Marine Order assigns particular duties to owners and masters, and confers administrative rights and discretions on AMSA and issuing bodies. The duties and rights are concrete and largely procedural.
Principal duties
Hold and maintain the correct safety certificate: Regulated Australian vessels must hold either a SOLAS certificate specified in Schedule 1 (s 7) or, if not SOLAS‑covered, the non-SOLAS certificate in Schedule 2 (s 16(1)). Cargo vessels >300 GT have an explicit radio certificate requirement (s 7 note; s 18(b)).
Apply for certificates and approvals: Persons may apply for SOLAS and non‑SOLAS certificates (ss 8(1), 17(1)), and owners may apply for approval of inspection and maintenance plans (s 26(1)), in-water inspection approvals (s 33(1)) and for approval of reactor installations and safety assessments for nuclear vessels (ss 34-35). Applications are to be made in accordance with Marine Order 1 (Administration) 2013 (ss 8(2), 17(2), 26(1), 33(2), 34(1), 35(1)).
Observe survey and endorsement requirements: Certificates are subject to conditions requiring surveys and endorsement after annual, intermediate or dry‑dock inspections as appropriate (ss 11, 19, Sched 1 and Sched 2 conditions). Non-SOLAS certificates must be endorsed following completion of annual, intermediate or bottom inspections (s 19(b)).
Notify AMSA in specific circumstances: Notify planned tows at least seven days before commencement (s 28(1)); notify alterations within seven days (s 29(1)); inform AMSA of major renewal or repair within seven days of completion (s 29(2)); report defects at the earliest opportunity and immediately to the appropriate authority when in another SOLAS Contracting Government port (s 30(1)).
For cargo vessels ≤10 m, do not go to sea without an approved inspection and maintenance plan; that duty is strictly enforceable and backed by a specified penalty (s 25(1)-(3)).
Rights and discretions
Right to apply and to procedural review: Applicants have the right to apply for certificates and approvals (ss 8(1), 17(1), 26(1), 33(1)), and the Marine Order cross-references the application process set out in Marine Order 1 (Administration) 2013. The instrument excludes Marine Order 1 internal review provision in section 17 for safety certificates, because decisions about safety certificates are reviewable by the Administrative Appeals Tribunal under the Navigation Act (notes in ss 8 and 17 referencing subsection 313(1) of the Navigation Act).
AMSA discretion to approve equivalence and replacements: AMSA may approve in‑water inspections in lieu of dry-docking when satisfied of equivalence under specified conditions (s 33(3)-(4)). AMSA may approve inspection and maintenance plans, reactor installations and safety assessments where the statutory criteria are met (ss 26(2), 34(2), 35(2)).
Issuing body powers to endorse and impose conditions: Issuing bodies may endorse certificates after appropriate surveys (ss 11, 20) and may impose other conditions beyond those in the Schedules as permitted under the Navigation Act (note under s 10 and s 19 note referencing paragraph 100(2)(b) of the Navigation Act).
Compliance mechanics
Certificates remain in force subject to SOLAS endorsement, survey completion and not exceeding the maximum periods specified; they may be varied or revoked where certificate conditions have been or are likely to be breached, where incorrect information appears, or on owner request (ss 12, 13, 14, 22, 23).
Approvals are frequently subject to conditions and ongoing oversight. For example, approval of inspection and maintenance plans requires audits by AMSA and remedial action for non-compliance (s 26(3)). Approval of in‑water inspections carries specified interval limits and is subject to AMSA being satisfied the in‑water inspection is at least as effective as a dry-dock inspection (s 33(3), (4)).
The order creates a compliance architecture that assigns clear operational duties to owners and masters, while centralising discretionary authority and ongoing oversight with AMSA and with issuing bodies. Appeal pathways to the Administrative Appeals Tribunal are preserved for safety certificate decisions, but internal review provisions in Marine Order 1 do not apply to safety certificates (ss 8(2) note; 17(2) note).
Penalties and enforcement
The Marine Order contains express penalty and enforcement provisions for several obligations, and it cross-references enforcement powers in the Navigation Act.
Specified penalties in the Marine Order
Inspection and maintenance plans for cargo vessels ≤10 m: It is a criminal offence with a specified penalty to take such a vessel to sea without an approved inspection and maintenance plan, or to cause or permit another to do so. The penalty is 50 penalty units, the offence is strict liability, and a civil penalty of 50 penalty units also attaches (s 25(1)-(3)). The instrument thus provides both criminal and civil enforcement routes for the same contravention.
Reporting by nuclear vessels: Owners or masters of regulated Australian vessels to which Chapter VIII of SOLAS applies must provide a copy of the vessel's safety assessment to the government of a country it will visit; foreign vessels to which Chapter VIII applies must provide a copy of the safety assessment to AMSA before arrival at their first Australian port. Each of these obligations carries a penalty of 50 penalty units, they are strict liability offences, and a civil penalty of 50 penalty units is also prescribed (s 31(1)-(4)). The instrument includes an interpretative note that "sufficiently in advance" typically means as soon as voyage plans are determined but at least 12 months before arrival.
Other offences referenced in notes: The Marine Order notes that it is an offence under sections 103 and 104 of the Navigation Act to take a vessel to sea without a specified safety certificate in force, and notes that for foreign vessels sections 106 and 107 of the Navigation Act create offences if taken to sea without a required certificate (notes in s 7 and s 27). Those references indicate the broader Navigation Act enforcement framework is engaged.
Enforcement actors and powers
AMSA and inspectors: The Marine Order repeatedly references AMSA as the competent authority and responsible decision-maker for approvals and audits (s 5(2); ss 26, 33-35). It also notes the inspector powers under the Navigation Act where inspectors may issue prohibition notices or directions if they believe a planned tow would involve a serious risk to health or safety, or where a person is not complying with requirements (s 28(2) note referencing ss 267 and 264 of the Navigation Act).
Audits and remedial action: Approval of inspection and maintenance plans is expressly subject to audits by AMSA and remedial action to address non-compliance (s 26(3)(b)-(c)). This creates a compliance enforcement loop: approvals can be contingent and may be monitored and withdrawn or conditioned on remediation.
Certificate variation, suspension and revocation
Grounds for revocation: SOLAS certificates may be revoked where a condition has been or is likely to be breached, on owner request, or where the certificate contains incorrect information (s 14). Equivalent revocation grounds apply to non-SOLAS certificates (s 23). Variation criteria are set out in ss 13 and 22, with conditions such as compliance with existing certificate conditions, and in certain harmonisation scenarios AMSA must be satisfied alternative survey frequencies are at least as effective as the passenger survey regime (s 22(1)(b)).
Administrative enforcement levers
Endorsements and endorsement practice: Issuing bodies may endorse certificates after surveys and inspections of the outside of the bottom of the vessel, and endorsement is a precondition for certificates remaining in force in some cases (ss 11, 19). Failure to obtain required endorsements can therefore have the practical effect of rendering a certificate out of force.
In-water inspection approvals subject to limits: AMSA will only approve in-water inspections under specified conditions, including limits on intervals and vessel age, and may impose conditions on approvals (s 33(3)-(4)). These approval conditions operate as an indirect enforcement mechanism by restricting the circumstances in which a vessel can avoid dry-docking.
Practical enforcement consequences
Scheduling and commercial disruption: Enforcement tools such as revocation, refusal to endorse, or prohibition notices can immobilise a vessel until remedial action is taken, creating direct commercial and scheduling consequences for operators.
Dual criminal and civil exposure: For certain contraventions, the instrument prescribes both criminal sanction and civil penalty liability in the same provision (s 25 and s 31), increasing the enforcement exposure for non‑compliance.
Inspector discretion and AMSA determinations: Many enforcement outcomes hinge on AMSA satisfaction tests and inspector views of risk; the instrument therefore creates points of administrative discretion that can determine compliance outcomes (see ss 26, 33 and the inspector references in s 28(2) note).
Anyone advising owners or masters should account for these enforcement paths, the dual criminal/civil penalties on specified obligations, the administrative discretion of AMSA, and the interaction with Navigation Act enforcement provisions that are expressly referenced.
How it interacts with other laws
Marine Order 31 is an instrument made under the Navigation Act 2012 and integrates both international obligations under SOLAS and other Marine Orders within the Australian regulatory framework.
Primary statutory basis and delegation
The Marine Order is expressly made under multiple provisions of the Navigation Act, which are reproduced as grants of power in s 3: subsection 98(1) and (2) about safety certificates and giving effect to SOLAS; paragraph 98(3)(a) about classes of vessels; section 314 about application procedures and criteria for issue, variation and revocation; subparagraph 339(2) about safe operation matters; paragraph 340(1)(a) about giving effect to SOLAS; and subsection 342(1) which enables AMSA to make Marine Orders (s 3). These references indicate the Marine Order operates within and under the Navigation Act enforcement and procedural framework.
Interaction with SOLAS and Survey Guidelines
SOLAS is implemented domestically through the Marine Order. Section 5(1)(a) treats terms defined in SOLAS as having their SOLAS meanings; s 5(1)(b) takes the Survey Guidelines as if they were mandatory and converts "should" into "must". The Marine Order therefore imports international obligations and technical standards as binding domestic requirements for vessels covered by the instrument (s 5).
Links to other Marine Orders and domestic standards
The Schedules repeatedly require compliance with other Marine Orders dealing with construction, fire protection, safety arrangements, lifesaving equipment, radio equipment and collision prevention, specifically Marine Orders 12, 15, 21, 25, 27 and 30, and at times Marine Order 58 and Marine Order 18 (Schedules 1-3). Compliance therefore requires cross-instrument familiarity and coordination: a vessel’s compliance checklist must integrate certificate conditions from Marine Order 31 together with technical requirements in the referenced Marine Orders.
Offshore units are excluded and dealt with in Marine Order 47 (s 6(2) and note). This carves out a separate regulatory pathway for offshore industry units.
Administrative procedure and review
Applications for certificates and approvals are to be made in accordance with Marine Order 1 (Administration) 2013 (ss 8(2), 17(2), 26(1), 33(2), 34(1), 35(1)). The Marine Order recognises the Navigation Act’s Administrative Appeals Tribunal remedy for safety certificate decisions and explicitly disapplies the internal review provision (section 17) of Marine Order 1 for these certificate decisions (notes in ss 8 and 17 referencing Navigation Act s 313). This preserves the statutory external review pathway while limiting internal administrative review.
Cross-reference to Navigation Act enforcement
The Marine Order frequently notes relevant Navigation Act enforcement and inspector powers. For example, notes to s 7 and s 27 refer to offences under ss 103-107 of the Navigation Act for taking a vessel to sea without the required certificates. The notes to s 28 reference inspector powers to issue prohibition notices and directions under ss 267 and 264 of the Navigation Act. The instrument therefore does not itself create the full enforcement picture; it sits atop the Navigation Act enforcement apparatus.
Interplay with classification societies and recognised organisations
The Marine Order recognises certificate of classification issued by a classification society as a criterion for certificate issuance when there is an arrangement for survey and inspection (ss 9(b), 18(c)). It also contemplates recognised organisations issuing diving safety certificates under the Code of Safety for Diving Systems for fixed diving systems installed after 23 November 1995 (ss 9(c), 18(d)). This creates a delegated‑technical role for private classification entities in the public certification landscape.
International obligations and foreign Administration responsibilities
For foreign vessels, the Marine Order defers to the vessel’s flag Administration for SOLAS compliance, but requires documentary evidence of seaworthiness where SOLAS certificates are not applicable (s 27). For nuclear vessels, it requires production of safety assessments to the government of called ports and to AMSA for first port arrivals (s 31). The instrument thus balances recognition of other States’ administrations with specific documentary requirements for vessels in Australian waters.
In short, Marine Order 31 functions as an integrative instrument: it implements SOLAS obligations domestically, imports technical Survey Guidelines as mandatory standards, cross-references and depends on other Marine Orders for construction and equipment standards, and ties into the Navigation Act’s processes for applications, inspection, prohibition, and enforcement. Practitioners must therefore read Marine Order 31 in the context of the Navigation Act, Marine Order 1 (Administration), the other named Marine Orders, the Survey Guidelines, the ISM Code and, where relevant, SOLAS itself.
Amendment history
The compilation header and final notes in the instrument record the Marine Order’s legislative history and amendments up to the compilation date. The Marine Order was originally made in 2019 and has been amended by several consequential Marine Orders. The compilation information provides the following chronological and technical details.
Original Marine Order: Marine Order 31 (SOLAS and non-SOLAS certification) 2019 (MO 2019/2). Registered 14 October 2019, FRLI F2019L01326, commenced 1 November 2019 (note table at the end).
Amendment: Marine Orders Amendment (Marine Order 52 , consequential changes) Order 2022 (MO 2022/6). Registered 19 December 2022, FRLI F2022L01684, commenced 1 January 2023 (note table).
Amendments: Two consequential amendments in 2023 with commencement 1 January 2024:
Marine Orders Amendment (Marine Order 12 , consequential changes) Order 2023 (MO 2023/8). Registered 23 November 2023, FRLI F2023L01538, commenced 1 January 2024.
Marine Orders Amendment (Marine Order 27 , consequential changes) Order 2023 (MO 2023/10). Registered 12 December 2023, FRLI F2023L01657, commenced 1 January 2024.
Compilation: Compilation no. 2 prepared on 29 February 2024 taking into account the amendments up to the amending orders listed, giving a compilation date of 1 January 2024 (header).
The instrument’s own schedule of provision changes records which specific provisions were altered by the listed amending orders. The final tabular notes indicate the following provisions were amended by the listed 2023 orders: subsection 16(2), subsection 26(2), and Schedules 1, 2 and 3 were amended by MO 2023/8 and MO 2023/10 in some combination; MO 2022/6 amended 16(2); and some historical repeals of items 1A and 1B reflect the Legislation Act 2003 changes (note table). The compilation table at the end should be read as the authoritative record of which provisions were amended and when.
Practical implications of amendments
The 2023 amendments were consequential to changes in Marine Order 12 and Marine Order 27; Schedules 1, 2 and 3 contain cross-references to those Marine Orders for construction, radio and other technical requirements, and were therefore updated to reflect the amended Marine Orders (see Sched 1, Sched 2, Sched 3 references to Marine Orders 12 and 27).
The compilation notes also show that the Marine Order has been subject to iterative consequential amendments, which is common when multiple Marine Orders are harmonised across construction, equipment and administration changes. The table identifies which substantive items were edited, but does not set out the textual changes in this instrument; practitioners should compare the versions or consult FRLI records (FRLI numbers provided in the table) to identify the exact textual amendments.
The instrument explicitly records that the Survey Guidelines and certain SOLAS regulatory references are taken as mandatory under domestic law, a stance that may have been clarified or restated in the amendment cycles; s 5(1)(b) reflects that interpretive rule.
When advising clients about historical compliance obligations or transitional arrangements, refer to the FRLI registration numbers and commencement dates recorded in the compilation notes, and confirm which text version applies to the relevant period. The Marine Order’s notes direct readers to AMSA’s website for delegation and exemption information, which may reflect administrative adaptations post-amendment.
Litigation history
The text of Marine Order 31 itself does not record any litigation, case law or adjudicated disputes in relation to its provisions. The instrument contains procedural notes on administrative review rights and on interactions with the Administrative Appeals Tribunal which are relevant to any potential litigation or administrative law challenge.
Remedies and review pathway noted in the instrument
Administrative Appeals Tribunal review: The instrument expressly disapplies the internal review provision in section 17 of Marine Order 1 for safety certificate decisions because safety certificate decisions are reviewable by the Administrative Appeals Tribunal under subsection 313(1) of the Navigation Act (notes in ss 8 and 17). This leaves the AAT as the external merits review body for decisions about safety certificates.
Internal review excluded: By excluding the internal review provision of Marine Order 1 for safety certificates, the Marine Order channels disputes about certificate issuance, variation, revocation and conditions toward external review mechanisms rather than agency internal mechanisms. That procedural setting is likely to be relevant for any judicial review or administrative law challenge.
Absence of reported cases in the instrument
No decisions, cases or judicial authorities are named in the Marine Order, and no litigation history is recorded. Where a practitioner requires litigation precedents addressing interpretation, scope, or constitutional challenge of Marine Orders or of AMSA practice, they must search the case law databases and AAT decision records, because the instrument itself does not supply that material.
Potential litigation loci implicit in the instrument
Discretionary AMSA decisions: Provisions that confer wide satisfaction tests on AMSA, for example approval of in‑water inspections subject to AMSA being satisfied that the inspection is at least as effective as a dry-dock inspection (s 33(3)(c)), or approval of inspection and maintenance plans where AMSA must be satisfied of multiple criteria (s 26(2)), create potential grounds for merits review or judicial review if applicants dispute an AMSA refusal or conditions imposed.
Enforcement and penalties: Strict liability offences and civil penalty regimes (s 25, s 31) may give rise to criminal or civil litigation, or to disputes about the application of strict liability, defences and evidentiary burdens.
Certificate revocation and variation: Revocation on grounds of likely breach or incorrect information (ss 14, 23) may be subject to administrative challenge or appeal where owners contest AMSA or issuing body determinations.
Advice for practitioners
Given the absence of litigation recorded in the instrument, practitioners should treat the Marine Order as a procedural and technical rulebook whose implementation and disputes are resolved through the administrative processes set out in the Navigation Act, Marine Order 1 and the AAT. For precedent or authoritative judicial constructions of comparable Marine Orders, search the AAT and federal court databases rather than the instrument text.
Recordkeeping of administrative steps, timely applications, and comprehensive evidence of compliance with Survey Guidelines and referenced Marine Orders will be essential in any potential enforcement or review proceeding, because many decisions hinge on AMSA satisfaction tests and the completion of required surveys and endorsements.
Gotchas
The Marine Order contains several technical and procedural traps that can surprise operators, particularly smaller owners and operators who do not regularly engage with SOLAS regimes. Below are concrete points to watch, with section references.
"Should" becomes "must" for Survey Guidelines: Section 5(1)(b) takes the Survey Guidelines under the Harmonised System of Survey and Certification as if the Guidelines were mandatory and converts mentions of "should" in the Guidelines to "must" for domestic application. Practically, operators cannot treat Survey Guidelines as non-binding guidance; where the Guidelines use "should", non-compliance can be treated as non-compliance with a mandatory requirement.
Cargo vessels >300 GT still need a radio certificate even if non‑SOLAS: Although non-SOLAS certificates apply to many vessels, s 18(b) and the note to s 7 flag that a cargo vessel >300 GT must have a Cargo Ship Safety Radio Certificate. Do not assume non-SOLAS status eliminates radio obligations.
Small vessel inspection plan offence is strict liability with both criminal and civil penalties: Owners of cargo vessels ≤10 m must not take the vessel to sea without an approved inspection and maintenance plan; s 25 makes the criminal offence strict liability and prescribes a 50 penalty unit criminal penalty and a separate civil penalty of 50 units. That double exposure increases enforcement risk for small operators.
Renewal and endorsement timing can affect certificate validity: Certificates often come into force or are renewed only upon completion of specified surveys and endorsements; a failure to complete endorsement or survey on time can cause a certificate to cease to be in force under Regulation 14 of SOLAS as implemented in s 12. Non‑SOLAS certificates also cease to be in force if surveys or endorsements are not completed (s 21(4)(b)-(c)). Practically, scheduling delays may render a vessel non-compliant even if the owner believes renewal is in progress.
Harmonisation and extension rules are conditional and limited: s 22 allows AMSA to vary expiry dates in limited scenarios and subject to conditions in a table. Extensions are available for limited purposes such as a vessel not being in port when the certificate expires or where a renewal survey has been completed but the new certificate cannot be issued before expiry. Each extension category has specific conditions; operators must confirm eligibility and ensure endorsement where required.
In‑water inspection approvals have age, type and code limits: s 33(3) restricts approvals where the vessel is less than 15 years old and not a ro-ro passenger vessel, and for vessels subject to the ESP Code the in-water inspection cannot be combined with a renewal survey. AMSA must also be satisfied the in-water inspection is at least as effective as dry-docking (s 33(3)(c)). Do not assume you can routinely substitute in-water for dry-dock without prior approval and compliance with the specific conditions in s 33(4).
"Company" ISM obligations extend to non-SOLAS certificates in practice: The Schedules require the presence of a safety management system complying with Part A of the ISM Code "as if" the vessel were subject to Chapter IX of SOLAS (Sched 2 and Sched 3). This extends ISM-style company responsibilities to many vessels that are not SOLAS vessels in formal terms, and requires documented ISM systems or declarations to issuing bodies.
Notification windows are short for certain events: Planned tows must be notified at least seven days before commencement (s 28(1)), and alterations or major renewals must be advised within seven days of making or completing them (s 29(1)-(2)). Those tight timeframes can be operationally awkward for opportunistic maintenance or last-minute voyage changes.
Dual civil and criminal liability for the same breach: For some obligations like inspection plans for small cargo vessels and nuclear vessel safety assessment reporting, the Marine Order prescribes both criminal penalties and civil penalties for the same contravention (ss 25(1)-(3), 31(1)-(4)). Operators must understand both exposures and the procedural differences between criminal prosecution and civil penalty proceedings.
AMSA discretion is central and fact-dependent: Many key outcomes depend on AMSA satisfaction tests (s 26(2), s 33(3)(c)). Challenges to AMSA decisions will typically be administrative appeals or judicial reviews rather than simple appeals, and the instrument disapplies internal review in favour of AAT review for safety certificate decisions (notes in ss 8 and 17).
Classification society involvement does not automatically shift liability: While a valid certificate of classification can be a criterion for issue when there is an arrangement with a classification society (ss 9(b), 18(c)), the instrument does not make classification society findings a statutory safe harbour; AMSA retains the role of appropriate authority and may impose conditions or refuse to recognise a certificate where it does not meet domestic requirements (s 5(2)).
These practical pitfalls emphasise the need for active administrative management of surveys, endorsements, notifications and approvals. Owners and operators should schedule surveys with contingency time, document ISM systems and inspection plans carefully, and treat Survey Guidelines as binding standards.
How to comply
Compliance with Marine Order 31 requires procedural discipline, technical alignment with referenced Marine Orders and international instruments, and proactive engagement with AMSA and issuing bodies. Below are actionable steps, mapped to the instrument’s key requirements and with section references.
Determine which certificate applies
Identify whether the vessel is a regulated Australian vessel or a foreign vessel (s 6(1)). If the vessel is an offshore industry unit, Marine Order 31 does not apply; consult Marine Order 47 (s 6(2) note).
For regulated Australian vessels, check whether SOLAS certificates in Schedule 1 apply (s 7). If the vessel is not subject to SOLAS certificate requirements, consult Schedule 2 for the applicable non-SOLAS certificate (ss 15-16, Sched 2).
Note special rules such as cargo vessels >300 GT requiring a Cargo Ship Safety Radio Certificate regardless (s 7 note; s 18(b)).
Implement technical compliance with referenced Marine Orders and Survey Guidelines
Ensure the vessel’s construction, systems and equipment comply with the Marine Orders referenced in the applicable Schedule. Schedules require compliance with Marine Orders 12, 15, 21, 25, 27 and 30 in many cases (Sched 1 and Sched 2).
Treat the Survey Guidelines under the Harmonised System of Survey and Certification as mandatory; where the Guidelines say "should" treat it as "must" (s 5(1)(b)).
If the vessel has a classification society arrangement, maintain a valid certificate of classification as a precondition for some certificates (ss 9(b), 18(c)).
Prepare and maintain a safety management system where required
For many non-SOLAS certificates and for cargo vessels ≤10 m seeking inspection and maintenance plan approvals, the owner must provide a written declaration that a safety management system complying with Part A of the ISM Code is in place, "as if" Chapter IX applied (Sched 2, Sched 3; s 26(2)(c)). Implement, document and apply the SMS on the vessel.
Ensure crew familiarisation, duties and responsibilities are recorded and executed in line with the ISM-style SMS requirements referenced in the Schedules.
Apply for certificates and approvals on time, using Marine Order 1 procedures
Lodge applications for SOLAS and non-SOLAS certificates, inspection and maintenance plan approvals, in‑water inspection approvals and nuclear safety approvals in accordance with Marine Order 1 (Administration) 2013 procedures (ss 8(2), 17(2), 26(1), 33(2), 34(1), 35(1)). Use approved forms and pay prescribed fees where applicable, and provide the supporting statement required by Marine Order 1.
Schedule surveys and obtain endorsements
Arrange for initial, renewal, annual, intermediate and dry-dock surveys as specified in SOLAS Regulations and the Survey Guidelines; ensure that endorsements are recorded on certificates after the relevant surveys of the outside of the bottom are completed (ss 11, 19; Sched 1 and Sched 2 conditions).
For non-SOLAS certificates, observe the endorsement requirement following annual, intermediate or bottom inspection (s 19(b)) and the maximum duration periods in s 21(3).
For cargo vessels ≤10 m: develop and obtain approval for an inspection and maintenance plan
Prepare an inspection and maintenance plan that demonstrates compliance with Schedule 3 criteria and that forms part of a safety management system complying with ISM Part A (s 26(2), Sched 3).
Apply to AMSA for approval; be prepared for AMSA audits and to take remedial action for non-compliance (s 26(3)).
Seek AMSA approval for in‑water inspections where dry-dock substitution is desired
If you wish to replace a dry-dock inspection with an in‑water inspection, apply to AMSA and provide the supporting grounds; AMSA will assess whether the in‑water inspection is at least as effective as dry-dock and whether the vessel meets age, service and code constraints (s 33(1)-(4)). Do not assume in‑water substitution without AMSA approval.
Notify AMSA and issuing bodies on time
Notify planned tows at least seven days before commencement, and supply requested information such as stability data, towing survey reports and crew qualifications (s 28(1)-(2)). Keep P&I insurers and registered agents aware because they may act as notifiers (s 28(1) note).
Notify AMSA and issuing bodies of alterations within seven days of making them, and notify major renewals or repairs within seven days of completion (s 29(1)-(2)).
Report defects to AMSA at the earliest opportunity and immediately to the appropriate authority if in another SOLAS Contracting Government port (s 30(1)).
For nuclear vessels: secure reactor installation and safety assessment approvals and observe pre-arrival reporting
Apply for and obtain approval of reactor installations and safety assessments per ss 34-35. Foreign nuclear vessels must provide AMSA a safety assessment sufficiently in advance before arrival in their first Australian port (s 31(2)), and regulated Australian nuclear vessels must provide copies of the safety assessment to countries they intend to visit (s 31(1)). Plan timeline expectations well in advance; the instrument’s note suggests 12 months as a typical minimum.
Recordkeeping and contingency planning
Keep documented evidence of surveys, endorsements, ISM systems, inspection plans, towing arrangements and communications with AMSA and issuing bodies. Given tight notification windows and the potential for certificate lapse if surveys or endorsements are not completed on time, include contingency scheduling to avoid operational downtime (see ss 11, 12, 19, 21, 22).
Prepare to respond to audits and enforcement actions
For AMSA‑approved plans, be ready for AMSA audits and to implement remedial actions to address non-compliance (s 26(3)(b)-(c)). If AMSA imposes conditions on approvals or endorses with qualifications, ensure those conditions are documented and complied with.
Understand review rights and appeal routes
If AMSA or an issuing body makes a certificate decision, the decision is reviewable by the Administrative Appeals Tribunal rather than by an internal review under Marine Order 1 (notes in ss 8, 17). Prepare administrative records and a clear statement of grounds if considering merit review.
Following these steps, and cross-referencing the specific requirements in Schedules 1-3 and the referenced Marine Orders, will position an operator to meet the Marine Order’s substantive and procedural requirements. A compliance checklist should include certificate type, Survey Guidelines items, Marine Order cross-references, ISM documentation, survey and endorsement dates, notification calendar items, AMSA application forms and evidence for in‑water or reactor approvals.
34 Approval of reactor installations for nuclear vessels
35 Approval of safety assessments for nuclear vessels
Division 6 Other matters
36 Certificates that do not make a vessel a regulated Australian vessel
Schedule 1 SOLAS certificates — criteria for issue and conditions
Schedule 2 Non-SOLAS certificates — criteria for issue and conditions
Schedule 3 Inspection and maintenance plans — criteria and conditions for approval
Division 1 Preliminary
1 Name of Marine Order
This Marine Order is Marine Order 31 (SOLAS and non-SOLAS certification) 2019.
2 Purpose
This Marine Order:
(a) prescribes matters in relation to the issue of safety certificates for regulated Australian vessels; and
(b) provides for inspection and maintenance plans for cargo vessels that are ≤10 m in length; and
(c) provides requirements for foreign vessels including certification; and
(d) provides notification requirements for planned tows and other reporting matters; and
(e) gives effect to Chapter I and Chapter VIII of SOLAS.
3 Power
(1) The following provisions of the Navigation Act provide for this Marine Order to be made:
(a) subsection 98(1) which provides that the regulations may provide for safety certificates;
(b) subsection 98(2) which provides that, without limiting subsection 98(1), the regulations may give effect to SOLAS;
(c) paragraph 98(3)(a) which provides that the regulations may provide that vessels in a particular class must have safety certificates of specified kinds, either generally or in specified circumstances, including certificates relating to survey;
(d) section 314 which provides for regulations to be made prescribing matters for the application for certificates and, among other things, the criteria for issue, variation and revocation of certificates, the conditions which certificates are subject to and the time certificates cease to be in force;
(e) subparagraph 339(2) which provides for regulations to be made relating to specified matters for the safe operation of vessels;
(f) paragraph 340(1)(a) which provides that the regulations may give effect to SOLAS.
(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 anything that must or may be made by the regulations.
4 Definitions
In this Marine Order:
approved inspection and maintenance plan means a plan approved under section 26.
approved reactor installation means an installation approved under section 34.
approved safety assessment means an assessment approved under section 35.
anniversary date, for a certificate, means the day and the month of each year that corresponds to the date of expiry of the certificate.
certificate of classification, for a vessel, means a certificate issued by a classification society on completion of surveys or inspections verifying that the vessel is in compliance with its rules and regulations for the standards of hull, machinery, boilers, electrical equipment and control systems.
classification society means a non-government organisation that:
(a) establishes and maintains technical standards for the construction and operation of vessels and offshore structures; and
(b) verifies compliance with its rules and regulations.
Note For further information about classification societies — see the International Association of Classification Societies’ website at http://www.iacs.org.uk.
Code of Safety for Diving Systems, 1995 means the Code of Safety for Diving Systems, 1995, adopted by IMO Resolution A.831 (19), as amended from time to time.
ESP Code means the International Code on the Enhanced Programme of Inspections during Surveys of Bulk Carriers and Oil Tankers, 2011, adopted by IMO Resolution A.1049 (27), as in force from time to time.
ISM Code means the International Safety Management (ISM) Code that has the same meaning as in Regulation 1 of Chapter IX of SOLAS.
ISM Guidelines means the Revised Guidelines on the implementation of the International Safety Management (ISM) Code by Administrations, adopted by IMO Resolution A.1071(28), as amended from time to time.
offshore industry unit means a vessel that:
(a) is for use in any operational activity mentioned in subclause 4(1) or 4(5A) of Schedule 3 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006; and
(b) does not include a vessel mentioned in subclause 4(6) of that schedule.
Note 1 The definition includes a vessel described in paragraph (a) whether or not the vessel is located in Commonwealth waters that has the meaning given by the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
Note 2 An offshore industry unit does not include a thing that is not a vessel such as a structure. See section 14 of the Navigation Act for the meaning of vessel.
partially smooth waters means waters where the wave height is up to 1.5 m from trough to crest for at least 90 per cent of the time.
planned tow, for a vessel, means a tow:
(a) by the vessel of another vessel, from a port to another port or on an overseas voyage, that is planned by the owner of the vessel; and
(b) that is not a tow to assist in an emergency involving a threat to a person’s life or to the environment.
smooth waters means waters where the wave height is up to 0.5 m from trough to crest for at least 90 per cent of the time.
Survey Guidelines under the Harmonised System of Survey and Certification means the Survey Guidelines under the Harmonised System of Survey and Certification (HSSC), 2017, adopted by IMO Resolution A. 1120(30), as amended from time to time.
towing assessment, for a planned tow, means an inspection or survey of:
(a) 1 or both vessels to be involved in the planned tow; or
(b) the proposed arrangements for the tow.
Note 1 Information on obtaining copies of IMO Resolutions or other documents mentioned in this Marine Order is available on AMSA’s website http://www.amsa.gov.au.
Note 2 Some terms used in this Marine Order are defined in Marine Order 1 (Administration) 2013, including:
Note: cargo vessel
Note: fishing vessel
Note: length
Note: passenger vessel
Note: SOLAS
Note: USL Code.
Note 3 Other terms used in this Marine Order are defined in the Navigation Act, including:
Note: foreign vessel
Note: Government vessel
Note: inspector
Note: International Tonnage Certificate (1969)
Note: issuing body
Note: marine incident
Note: owner
Note: recognised organisation (for organisations that have been prescribed for the definition — see Marine Order 1 (Administration) 2013)
Note: regulated Australian vessel
Note: vessel.
Note 4 For delegation of AMSA’s powers under this Marine Order — see the AMSA website Marine Orders link at http://www.amsa.gov.au.
5 Interpretation
(1) In this Marine Order:
(a) a term that is used but is not defined for this Marine Order, and is defined in SOLAS, has the meaning given by SOLAS; and
(b) mention of the Survey Guidelines under the Harmonised System of Survey and Certification is taken to be a reference to the Guidelines as if in force internationally on a mandatory basis; and
(c) a reference in Schedules 1 to 3 to complies with means, in relation to a Marine Order, compliance with a requirement of the Marine Order that applies to the vessel or its equipment to the extent it has not been disapplied by any exemption or replaced by any approved equivalent.
Note for paragraph (b) Mention of should in the Guidelines is taken to be mention of must.
(2) For Regulation 11(c) of Chapter I of SOLAS, the appropriate authority for Australia is AMSA.
(3) The reference in SOLAS to the Administration 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.
(4) The reference in the Survey Guidelines under the Harmonised System of Survey and Certification to cargo ship is taken to include a fishing vessel for Subdivision 2.2 and Schedule 2.
6 Application
(1) This Marine Order applies to:
(a) a regulated Australian vessel; and
(b) a foreign vessel.
(2) However, this Marine Order does not apply to a vessel that is an offshore industry unit.
Note See Marine Order 47 (Offshore industry units) 2019 for requirements that apply to offshore industry units for SOLAS and non-SOLAS certificates.
Division 2 Safety certificates
Subdivision 2.1 SOLAS certificates
7 SOLAS certificates required
(1) A regulated Australian vessel must have a safety certificate of a kind specified in Schedule 1 in accordance with Regulation 12 of Chapter I or Regulation 10 of Chapter VIII of SOLAS.
Note 1 A cargo vessel >300 GT must have a Cargo Ship Safety Radio Certificate.
Note 2 It is an offence under sections 103 and 104 of the Navigation Act if a vessel is taken to sea without a safety certificate of a specified kind in force for the vessel.
(2) A certificate specified in Schedule 1 is also referred to as a SOLAS certificate in this Marine Order.
Note For government vessels, reference should be made to the AMSA website at http://www.amsa.gov.au to ascertain if any exemption has been granted from the requirements of this Marine Order.
8 Applying for SOLAS certificates
(1) For subsection 99(1) of the Navigation Act, a SOLAS certificate is specified as a safety certificate for which a person may apply.
(2) For subsection 99(2) of the Navigation Act, Division 3 of Marine Order 1 (Administration) 2013 (other than section 17) applies to an application to AMSA for a SOLAS certificate.
Note 1 An issuing body may issue a safety certificate under section 100 of the Navigation Act.
Note 2 Division 3 of Marine Order 1 (Administration) 2013 prescribes some general rules about the making and determination of various kinds of applications. Section 17 of that Marine Order provides for internal review of decisions about applications. That section does not apply to decisions about safety certificates because those decisions are reviewable by the Administrative Appeals Tribunal — see subsection 313(1) of the Navigation Act.
9 Criteria for issue of SOLAS certificates
For paragraph 100(1)(b) of the Navigation Act, the criteria for the issue of a SOLAS certificate are:
(a) for a certificate of a kind specified in Schedule 1 — those mentioned for the certificate in that schedule; and
(b) if the vessel has an arrangement with a classification society for survey and inspection — a valid certificate of classification; and
(c) if the vessel has fitted a fixed diving system constructed after 23 November 1995 — the vessel has a diving safety certificate that is issued by a recognised organisation in accordance with the Code of Safety for Diving Systems, 1995.
10 Conditions of SOLAS certificates
For paragraph 100(2)(a) of the Navigation Act, a SOLAS certificate is subject to the conditions mentioned in Schedule 1 for the kind of certificate specified in that schedule.
Note An issuing body may impose other conditions on a safety certificate — see paragraph 100(2)(b) of the Navigation Act.
11 Endorsements of SOLAS certificates
An issuing body may endorse a SOLAS certificate following the completion of any survey or inspection of the outside of the bottom of the vessel.
Note 1 It is practice for an issuing body endorsing a certificate to be the same as the issuing body that originally issued the certificate.
Note 2 See the following regulations of Chapter I of SOLAS for information about required endorsements — Regulation 8(c) for endorsement of Cargo Ship Safety Certificates, Regulation 9(c) for endorsement of Cargo Ship Safety Radio Certificates, Regulation 10(c) for endorsement of Cargo Ship Safety Construction Certificates.
12 Duration of SOLAS certificates
(1) A SOLAS certificate comes into force in accordance with Regulation 14 of Chapter I, or Regulation 10 of Chapter VIII, of SOLAS.
(2) A SOLAS certificate remains in force for the period mentioned in the following table for the kind of certificate mentioned unless:
(a) a shorter period is specified in the certificate; or
(b) the certificate ceases to be in force in accordance with Regulation 14 of Chapter I, or Regulation 10 of Chapter VIII, of SOLAS.
Kind of certificate(SOLAS)
Maximum period duration
Passenger Ship Safety Certificate
1 year
Cargo Ship Safety Construction Certificate
5 years
Cargo Ship Safety Equipment Certificate
5 years
Cargo Ship Safety Radio Certificate
5 years
Cargo Ship Safety Certificate
5 years
Nuclear Passenger Ship Safety Certificate
1 year
Nuclear Cargo Ship Safety Certificate
1 year
Note Regulation 14 of Chapter I of SOLAS provides a certificate to which it applies ceases to be in force if surveys are not completed within the periods mentioned, the certificate is not endorsed or if the vessel transfers its flag to another State.
13 Criteria for variation of SOLAS certificates
For subsection 101(1) of the Navigation Act, the criteria for variation of a SOLAS certificate are:
(a) the conditions on the certificate have been complied with; and
(b) the variation is in accordance with Regulation 14 of Chapter I of SOLAS.
Note See paragraphs (c) to (f) and subparagraph (h)(i) of Regulation 14 of Chapter I of SOLAS. A variation may appear in the form of an endorsement on a certificate.
14 Cri
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