5.1 Subsection 51(1) of the Navigation Act provides for regulations to prescribe matters to consider in determining a minimum complement of seafarers.
5.2 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.
5.3 Paragraph 339(2)(c) of the Navigation Act provides for regulations to be made for operating, maintaining, checking and testing machinery and equipment.
5.4 Paragraph 339(2)(f) of the Navigation Act provides for regulations to be made for operating watertight doors.
5.5 Paragraph 339(2)(l) of the Navigation Act provides for regulations to be made for logbooks.
5.6 Paragraph 339(2)(m) of the Navigation Act provides for regulations to be made for records relating to compliance with the Act.
5.7 Paragraph 340(1)(a) of the Navigation Act provide for the regulations to give effect to SOLAS.
5.8 Section 342 of the Navigation Act provides for the making of orders for any matter for which the regulations can provide.
[3] Section 6, definition of approved
approved means approved by:
(a) for a regulated Australian vessel — the issuing body; or
(b) for a foreign vessel — the administration of the country of registry of the vessel; or
(c) for a training course — the Manager, Ship Operations and Qualifications.
[4] Section 6, definition of STCW Code
omit
[5] Section 6, note 1
omit
[6] Section 6, note 2
Note 2 Other terms used in this Order have the same meaning as in the Navigation Act, including:
[7] Section 6, note 4
omit
[8] Paragraphs 8(1)(a) and (b)
(iv) in the territorial sea of Australia other than in the course of innocent passage.
[9] Subsection 8.3
8.3 A provision of this Order giving effect to a provision of Chapter V of SOLAS applies to the following vessels, except to the extent that a law of a State or the Northern Territory gives effect to the provision for the vessel:
(a) a vessel proceeding on a voyage other than an overseas voyage;
(b) a domestic commercial vessel.
[10] Section 11
11 Review of decisions
A decision under this Order other than section 10 is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011.
Note For review of decisions by the Administrative Appeals Tribunal made under the Navigation Act — see section 313 of the Navigation Act.
[11] Section 13
omit
[12] After section 14
14.2 An offence against subsection 14.1 is a strict liability offence.
14.3 A person is liable to a civil penalty if the person contravenes subsection 14.1.
[13] Section 15
15 Manning of vessels
15.1 For subsection 51(2) of the Navigation Act, AMSA must have regard to IMO Resolution A.1047 (27) Principles of minimum safe manning.
15.2 For paragraph 340(1)(a) of the Navigation Act, the owner of a vessel to which Regulation 14 of Chapter V of SOLAS applies must ensure that the safe manning document for the vessel is kept on board the vessel and is available for inspection.
15.3 An offence against subsection 15.2 is a strict liability offence.
15.4 A person is liable to a civil penalty if the person contravenes subsection 15.2.
15.5 For paragraph 340(1)(a) of the Navigation Act, the owner of a vessel to which Regulation 14 of Chapter V of SOLAS applies must:
(a) determine the working language of the vessel; and
(b) ensure that paragraph 3 of Regulation 14 of Chapter V of SOLAS is complied with.
15.6 An offence against subsection 15.5 is a strict liability offence.
15.7 A person is liable to a civil penalty if the person contravenes subsection 15.5.
15.8 In this section:
safe manning document means:
(a) a determination made under subsection 51(1) of the Navigation Act; or
(b) a minimum safe manning document or equivalent mentioned in Regulation 14 of Chapter V of SOLAS.
[14] After subsection 17.2
17.2A An offence against subsection 17.2 is a strict liability offence.
17.2B A person is liable to a civil penalty if the person contravenes subsection 17.2.
[15] After subsection 18.2
18.3 An offence against subsection 18.1 or 18.2 is a strict liability offence.
18.4 A person is liable to a civil penalty if the person contravenes subsection 18.1 or 18.2.
[16] After subsection 19.1
19.1A An offence against subsection 19.1 is a strict liability offence.
19.1B A person is liable to a civil penalty if the person contravenes subsection 19.1.
[17] After subsection 20.3
20.4 An offence against subsection 20.2 or 20.3 is a strict liability offence.
20.5 A person is liable to a civil penalty if the person contravenes subsection 20.2 or 20.3.
[18] After subsection 24.2
24.3 An offence against subsection 24.1 or 24.2 is a strict liability offence.
24.4 A person is liable to a civil penalty if the person contravenes subsection 24.1 or 24.2.
[19] After subsection 25.4
25.5 An offence against subsection 25.1, 25.2 or 25.4 is a strict liability offence.
25.6 A person is liable to a civil penalty if the person contravenes subsection 25.1, 25.2 or 25.4.
[20] After subsection 28.7
28.8 An offence against subsection 28.1, 28.6 or 28.7 is a strict liability offence.
28.9 A person is liable to a civil penalty if the person contravenes subsection 28.1, 28.6 or 28.7.
[21] After section 31
31.2 An offence against subsection 31.1 is a strict liability offence.
31.3 A person is liable to a civil penalty if the person contravenes subsection 31.1.
[22] After subsection 34.3
34.4 An offence against subsection 34.3 is a strict liability offence.
34.5 A person is liable to a civil penalty if the person contravenes subsection 34.3.
[23] After subsection 36.1
36.1A An offence against subsection 36.1 is a strict liability offence.
36.1B A person is liable to a civil penalty if the person contravenes subsection 36.1.
[24] After subsection 37.2
37.3 An offence against subsection 37.1 or 37.2 is a strict liability offence.
37.4 A person is liable to a civil penalty if the person contravenes subsection 37.1 or 37.2.
[25] Section 39
omit
[26] After subsection 40.2
40.2A An offence against subsection 40.2 is a strict liability offence.
40.2B A person is liable to a civil penalty if the person contravenes subsection 40.2.
[27] After subsection 41.3
41.4 An offence against subsection 41.2 or 41.3 is a strict liability offence.
41.5 A person is liable to a civil penalty if the person contravenes subsection 41.2 or 41.3.
[28] After section 44
44.2 An offence against subsection 44.1 is a strict liability offence.
44.3 A person is liable to a civil penalty if the person contravenes subsection 44.1.
[29] After section 46
46.2 An offence against subsection 46.1 is a strict liability offence.
46.3 A person is liable to a civil penalty if the person contravenes subsection 46.1.
[30] After subsection 47.3
47.4 An offence against subsection 47.1, 47.2 or 47.3 is a strict liability offence.
47.5 A person is liable to a civil penalty if the person contravenes subsection 47.1, 47.2 or 47.3.
[31] After subsection 48.1
48.1A An offence against subsection 48.1 is a strict liability offence.
48.1B A person is liable to a civil penalty if the person contravenes subsection 48.1.
[32] After subsection 49.2
49.3 An offence against subsection 49.2 is a strict liability offence.
49.4 A person is liable to a civil penalty if the person contravenes subsection 49.2.
[33] After subsection 50.4
50.5 An offence against subsection 50.1, 50.2, 50.3 or 50.4 is a strict liability offence.
50.6 A person is liable to a civil penalty if the person contravenes subsection 50.1, 50.2, 50.3 or 50.4.
[34] After section 51
51.2 An offence against subsection 51.1 is a strict liability offence.
51.3 A person is liable to a civil penalty if the person contravenes subsection 51.1.
[35] Subsections 55.5, 55.6 and 55.7
omit
[36] After subsection 56.1
56.1A An offence against subsection 56.1 is a strict liability offence.
56.2A A person is liable to a civil penalty if the person contravenes subsection 56.1.
[37] After subsection 57.3
57.3A An offence against subsection 57.1 or 57.3 is a strict liability offence.
57.3B A person is liable to a civil penalty if the person contravenes subsection 57.1 or 57.3.
[38] After subsection 58.3
58.4 An offence against subsection 58.1 or 58.3 is a strict liability offence.
58.5 A person is liable to a civil penalty if the person contravenes subsection 58.1 or 58.3.
[39] After subsection 59.3
59.4 An offence against subsection 59.3 is a strict liability offence.
59.5 A person is liable to a civil penalty if the person contravenes subsection 59.3.
[40] After subsection 60.2
60.2A An offence against subsection 60.1 or 60.2 is a strict liability offence.
60.2B A person is liable to a civil penalty if the person contravenes subsection 60.1 or 60.2.
[41] After subsection 61.6
61.7 An offence against subsection 61.1, 61.2 or 61.6 is a strict liability offence.
61.8 A person is liable to a civil penalty if the person contravenes subsection 61.1, 61.2 or 61.6.
[42] After subsection 62.2
62.3 An offence against subsection 62.1 or 62.2 is a strict liability offence.
62.3 A person is liable to a civil penalty if the person contravenes subsection 62.1 or 62.2.
[43] After section 63
63.2 An offence against subsection 63.1 is a strict liability offence.
63.3 A person is liable to a civil penalty if the person contravenes subsection 63.1.
[44] After subsection 64.3
64.3A An offence against subsection 64.2 or 64.3 is a strict liability offence.
64.3B A person is liable to a civil penalty if the person contravenes subsection 64.2 or 64.3.
[45] After subsection 65.2
65.3 An offence against subsection 65.1 or 65.2 is a strict liability offence.
65.4 A person is liable to a civil penalty if the person contravenes subsection 65.1 or 65.2.
[46] After section 66.2
66.3 An offence against subsection 66.2 is a strict liability offence.
66.4 A person is liable to a civil penalty if the person contravenes subsection 66.2.
[47] After section 67.5
67.6 An offence against subsection 67.5 is a strict liability offence.
67.7 A person is liable to a civil penalty if the person contravenes subsection 67.5.
[48] After subsection 68.3
68.4 An offence against subsection 68.2 or 68.3 is a strict liability offence.
68.5 A person is liable to a civil penalty if the person contravenes subsection 68.2 or 68.3.
[49] After section 69
69.2 An offence against subsection 69.1 is a strict liability offence.
69.3 A person is liable to a civil penalty if the person contravenes subsection 69.1.
[50] Other amendments
| provision | omit each mention of | insert | |
| Section 1 | 21, issue 8 | 21 (Safety of navigation and emergency procedures) 2012 | |
| Subsection 4.2 | Section 232 | Subparagraph 339(2)(b)(iii) and paragraph 339(2)(c) | |
| Subsection 4.2 | Equipping ships with compasses, and examination and adjustment of compasses on ships | Compasses and the examination and adjustment of compasses on vessels | |
| Subsection 4.2 | 235 | 125 | |
| Subsection 4.2 | 269A(1) | 187(1) | |
| Section 6, definition of closing appliance | ship | vessel | |
| Section 6, definition of coast radio station | ships | vessels | |
| Section 6, definitions of radio station and ship radio station | ship | vessel | |
| Section 6, definition of signal station | ships | vessels | |
| Section 6, definitions of survival craft and tanker | ship | vessel | |
| Section 6, note 1 | (Administration) | (Administration) 2011 | |
| Section 6, note 1 | AMSA<br> | Australian fishing vessel<br> | |
| Subsection 8.1 | ships | vessels | |
| Subsection 8.2 | Safety Convention ship registered in a country other than Australia | foreign vessel to which SOLAS applies | |
| Subsection 8.4 | ships | vessels | |
| Subsection 9.1 | Orders Part 21, issue 7 | Order 21 (Safety of navigation and emergency procedures) 2012 | |
| Subsection 10.1 | (Administration) | (Administration) 2011 | |
| Subsection 10.2 | ship or class of ships | vessel or class of vessels | |
| Subsection 10.4 | ship | vessel | |
| Subsection 10.4, note | (Administration) | (Administration) 2011 | |
| Section 12 | ship | vessel | |
| Section 14 | The | 14.1 The | |
| Section 14 | ship | vessel | |
| Section 14 | This is a penal provision. | Penalty: 50 penalty units. | |
| Sections 16 and 17 | ship | vessel | |
| Section 17 | This is a penal provision. | Penalty: 50 penalty units. | |
| Section 18 | ship | vessel | |
| Section 18 | This is a penal provision. | Penalty: 50 penalty units. | |
| Section 19 | ship | vessel | |
| Subsection 19.1 | This is a penal provision. | Penalty: 50 penalty units. | |
| Subsections 19.2 and 19.3 | ship’s | vessel’s | |
| Subsection 19.3 | A surveyor | An inspector | |
| Paragraph 19.3(b) | surveyor | inspector | |
| Section 20 | ship | vessel | |
| Subsection 20.2 and 20.3 | This is a penal provision. | Penalty: 50 penalty units. | |
| Section 21 | ship | vessel | |
| Paragraph 21.4(a) | an approved surveyor | the issuing body | |
| Sections 22, 23 and 24 | ship | vessel | |
| Subsections 24.1 and 24.2 | This is a penal provision. | Penalty: 50 penalty units. | |
| Section 25 | ship | vessel | |
| Section 25 | This is a penal provision. | Penalty: 50 penalty units. | |
| Subsection 25.3 | A surveyor | An inspector | |
| Section 26 | ship | vessel | |
| Section 26 | ship’s | vessel’s | |
| Sections 27 and 28 | ship | vessel | |
| Section 28 | ship’s | vessel’s | |
| Section 28 | This is a penal provision. | Penalty: 50 penalty units. | |
| Subsection 28.1 | crew | seafarers | |
| Subsection 28.2 | ships | vessels | |
| Section 29, 30 and 31 | ship | vessel | |
| Subparagraph 29.2(b)(iii) | ship’s | vessel’s | |
| Subsection 29.5 | sections | subsections | |
| Section 31 | The | 31.1 The | |
| Section 31 | This is a penal provision. | Penalty: 50 penalty units. | |
| Section 32 | ship | vessel | |
| Section 33 | ship | vessel | |
| Section 33 and 34 | ships | vessels | |
| Subsection 33.1 | (Administration) | (Administration) 2011 | |
| Section 34 | Cancellation | Revocation | |
| Section 34 | cancel | revoke | |
| Section 34 | cancels | revokes | |
| Section 34 | cancellation | revocation | |
| Section 34 | cancelled | revoked | |
| Subsection 34.3 | This is a penal provision. | Penalty: 50 penalty units. | |
| Section 35 | paragraph 269A(1)(b) | subparagraph 187(1)(b)(ii) | |
| Sections 35 and 36 | ship | vessel | |
| Subsection 36.1 | This is a penal provision. | Penalty: 50 penalty units. | |
| Paragraph 36.3(a) | paragraph | subsection | |
| Section 37 | ship | vessel | |
| Section 37 | This is a penal provision. | Penalty: 50 penalty units. | |
| Sections 39 and 40 | ship | vessel | |
| Subsection 40.1 | For subsection 229(1) of the Navigation Act, the | The | |
| Subsection 40.2 | This is a penal provision. | Penalty: 50 penalty units. | |
| Sections 41 and 42 | ship | vessel | |
| Section 41 | This is a penal provision. | Penalty: 50 penalty units. | |
| Section 43 | For subsection 229(1) of the Navigation Act, the | The | |
| Section 43 | Orders, Part 30 (Prevention of Collisions) | Order 30 (Prevention of collisions) 2009 | |
| Section 44 | A | 44.1 A | |
| Section 44 | This is a penal provision. | Penalty: 50 penalty units. | |
| Sections 45, 46, 47 and 48 | ship | vessel | |
| Paragraph 45(c) | ship’s | vessel’s | |
| Section 46 | The | 46.1 The | |
| Section 46 | This is a penal provision. | Penalty: 50 penalty units. | |
| Section 47 | This is a penal provision. | Penalty: 50 penalty units. | |
| Subsection 48.1 | This is a penal provision. | Penalty: 50 penalty units. | |
| Paragraph 48(2)(b) | ships | vessels | |
| Section 49 | ship | vessel | |
| Subsection 49.2 | This is a penal provision. | Penalty: 50 penalty units. | |
| Section 50 | ship | vessel | |
| Section 50 | This is a penal provision. | Penalty: 50 penalty units. | |
| Section 51 | The | 51.1 The | |
| Section 51 | ship | vessel | |
| Section 51 | This is a penal provision. | Penalty: 50 penalty units. | |
| Section 52 | crew | seafarers | |
| Section 52 | ship | vessel | |
| Section 52 | ship’s | vessel’s | |
| Section 53 | ship’s | vessel’s | |
| Subsection 53.2 | a ship | a vessel | |
| Subsection 53.2 | crew | seafarers | |
| Subsection 53.3 | ship | vessel | |
| Paragraph 53.3(c) | crew members | seafarers | |
| Subsection 54.1 | a ship | a vessel | |
| Subsection 54.2 | the ship | the vessel | |
| Section 55 | ship | vessel | |
| Subsection 55.3 | ship’s | vessel’s | |
| Subsection 55.5 | (Equipment — life-saving) | (Equipment — life-saving) 2009 | |
| Subsection 55.6 | crew | seafarers | |
| Subsection 55.7 | crew carries | seafarers carry | |
| Section 56 | ship | vessel | |
| Subsection 56.1 | This is a penal provision. | Penalty: 50 penalty units. | |
| Paragraph 56.4(a) | crew member | seafarer | |
| Subsection 56.5 | crew members | seafarers | |
| Subsection 56.6 | crew | seafarers | |
| Section 57, heading | owner, master and crew | owner and seafarers | |
| Section 57 | ship | vessel | |
| Section 57 | ship’s | vessel’s | |
| Subsection 57.1 | This is a penal provision. | Penalty: 50 penalty units. | |
| Subsection 57.2 | crew members | seafarers | |
| Paragraph 57.2(c) | crew member for the crew member’s | seafarer for the seafarer’s | |
| Subsection 57.3 | This is a penal provision. | Penalty: 50 penalty units. | |
| Paragraph 57.3(b) | members of the crew | seafarers | |
| Subsection 57.4 | member of a ship’s crew | seafarer | |
| Subdivision 7.1, heading | ships | vessels | |
| Section 58 | ship | vessel | |
| Subsection 58.1 | This is a penal provision. | Penalty: 50 penalty units. | |
| Subsection 58.3 | This is a penal provision. | Penalty: 50 penalty units. | |
| Section 59 | ship | vessel | |
| Subsection 59.3 | This is a penal provision. | Penalty: 50 penalty units. | |
| Section 60 | ship | vessel | |
| Subsection 60.1 | This is a penal provision. | Penalty: 50 penalty units. | |
| Section 61 | ship | vessel | |
| Subsections 61.1, 61.2 and 61.6 | This is a penal provision. | Penalty: 50 penalty units. | |
| Subsection 62.1 | ship | vessel | |
| Subsections 62.1 and 62.2 | This is a penal provision. | Penalty: 50 penalty units. | |
| Section 63 | ship | vessel | |
| Section 63 | The | 63.1 The | |
| Section 63 | This is a penal provision. | Penalty: 50 penalty units. | |
| Section 64 | ship | vessel | |
| Subsections 64.2 and 64.3 | This is a penal provision. | Penalty: 50 penalty units. | |
| Section 65 | ship | vessel | |
| Subsections 65.1 and 65.2 | This is a penal provision. | Penalty: 50 penalty units. | |
| Section 66 | ship | vessel | |
| Subsection 66.2 | This is a penal provision. | Penalty: 50 penalty units. | |
| Section 67 | ship | vessel | |
| Subsection 67.5 | This is a penal provision. | Penalty: 50 penalty units. | |
| Section 68 | ship | vessel | |
| Subsections 68.2 and 68.3 | This is a penal provision. | Penalty: 50 penalty units. | |
| Section 69 | An | 69.1 An | |
| Section 69 | ship | vessel | |
| Section 69 | ships | vessels | |
| Paragraph 69(d) | an Australian ship | a regulated Australian vessel | |
| Paragraph 69(d) | crew | seafarers | |
| Section 69 | This is a penal provision. | Penalty: 50 penalty units. | |
| Schedules 1 and 2 | ship’s | vessel’s | |
| Schedule 2 | ship | vessel | |
| Schedule 4, subclauses 1.1 and 1.4 | crew member | seafarer | |
| Schedule 4, subclauses 1.6 | member of the crew | seafarer | |
| Schedule 4, subclauses 1.6 and 1.7 | ship | vessel | |
| Schedule 4, subclause 1.7 | ships | vessels | |
| Schedule 4, subclause 1.7 | crew | seafarers | |
| Schedule 4, subclause 2.1 | ship’s | vessel’s | |
| Schedule 4, clauses 3 and 4 | ship | vessel | |
| Schedule 4, subclause 3.7 | crew | seafarers | |
| Schedule 4, paragraph 4.2(a) | ship’s | vessel’s | |
| Schedule 4, clauses 5 and 6 | ship | vessel | |
| Schedule 4, paragraph 5(c) | member of the crew | seafarer | |
| Schedule 4, paragraphs 5(f) and (g) | crew | seafarers | |
| Schedule 4, paragraph 5(h) | members of the crew | seafarers | |
| Schedule 4, paragraph 5(i) | crew | seafarer | |
| Schedule 4, clauses 6 and 7 | ship’s | vessel’s | |
| Schedule 4, paragraph 6(b) | crew members | seafarers | |
| Schedule 4, paragraph 6(e) | members of the crew | seafarers | |
| Schedule 4, clauses 7 and 8 | ship | vessel | |
| Schedule 4, clause 8 | ships | vessels | |
| Schedule 4, subclause 8.1 | crew | seafarers | |
| Schedule 4, subclause 8.2 | Orders, Part 57 (Helicopter operations) | Order 57 (Helicopter operations) 2010 | |
| Schedule 5 | ship’s | vessel’s | |
| Schedule 5 | ship | vessel | |
| Schedule 5 | crew | seafarers | |
| Schedule 5 | CREW MEMBER | SEAFARER | |
| Schedule 6, heading | Crew | Seafarer | |
| Schedule 6 | Crew member | Seafarer | |
| Schedule 6 | ship’s | vessel’s | |
| Schedule 7, paragraph 1.1(a) | ship | vessel | |
| Schedule 7, subclause 1.1, note | ships | vessels | |
| Schedule 7, subclause 2.6 | ship | vessel | |
| Schedule 8, heading | ships | vessels | |
| Schedule 8, clause 1 | ship | vessel | |
| Schedule 8, clause 1 | ships | vessels | |
| Schedule 8, clause 1 | ship’s | vessel’s | |
| Schedule 8, subclause 1.8 | a surveyor | an inspector | |
| Schedule 8, clauses 2 and 3 | ship | vessel | |
| Schedule 8, paragraph 2.1(g) | ship’s | vessel’s | |
| Schedule 8, subclause 3.10 | ship that is not registered in Australia | foreign vessel | |
| Schedule 8, subclause 3.10 | a surveyor | an inspector | |
| Schedule 8, subclause 3.10 | the surveyor | the inspector | |
| Schedule 8, clauses 4 and 5 | ship | vessel | |
| Schedule 9, heading, reference | section 68 | section 69 | |
| Schedule 9, subclause 1.1 | ships | vessels | |
| Schedule 9, subclause 1.1 | ship | vessel | |
| Schedule 9, subclause 2.1 | ships | vessels | |
| Schedule 9, subclause 2.2 | ship | vessel | |
| Schedule 9, subclause 3.1 | ships | vessels | |
| Schedule 9, subclause 3.1 | ship | vessel | |
| Schedule 9, clause 6 | ship | vessel | |