(a) makes provision about MODUs as a particular kind of vessel; and
(b) for paragraphs 339(2)(a) and (b) of the Navigation Act — specifies requirements with which the design, construction, machinery and equipment of a MODU must comply; and
(c) for paragraph 340(1)(a) of the Navigation Act — generally provides for the safe navigation and operation of MODUs as required under regulation 34 of Chapters V and IX of SOLAS.
[2] Subsections 5.1 and 5.2
5.1 Subsection 339(2) of the Navigation Act provides that the regulations may make provision in relation to:
(a) design and construction of vessels; and
(b) machinery and equipment to be carried on vessels; and
(c) survey of vessels.
5.2 Subsection 341(1) of the Navigation Act provides that the regulations may provide for the imposition of penalties and civil penalties for a contravention of the regulations or a notice, order, direction or instruction given, issued or made under, or in force because of, the regulations.
[3] Section 6, definitions of 2009 MODU Code
2009 MODU Code means the Code for the Construction and Equipment of Mobile Offshore Drilling Units, 2009 adopted by IMO Resolution A.1023 (26) and its corrigendum (Corr.1), as in force from time to time.
Note A copy of each IMO resolution that adopts or amends this Code is available on AMSA’s website at http://www.amsa.gov.au.
[4] Section 6, definition of operator
omit
[5] Section 6, after definition of person in charge
registered, for a MODU, means registered under the Shipping Registration Act 1981.
[6] Section 6, definitions of STCW Code, STCW Convention and surveyor
surveyor means a person authorised by a recognised organisation to survey a MODU.
[7] Section 6, before the note
Note 1 Some terms used in this Order are defined in the Navigation Act, including:
[8] Section 6, note
omit
[9] Section 6, note
omit
penal provision
[10] Section 6, note
re-number as note 2.
[11] Paragraphs 9(a) and (b), including note
(a) a MODU that is registered or required to be registered in Australia; and
(b) a MODU that is a foreign vessel used or intended for use in any operations or activities associated with or incidental to exploring the natural resources of all or any of the following:
Schedule Sch 25 - Marine Order 4 (Transitional modifications) 2013 - Marine Orders Part 47, issue 3 | Zoe
(i) the continental shelf of Australia;
(ii) the coastal sea of Australia.
Note 1 Coastal sea includes the seabed and subsoil — see definition of coastal sea in s 14 of the Navigation Act.
Note 2 A MODU built before 1 July 1986 that is unable to comply with a provision of this Order may be exempted from compliance with requirements of this Order under section 10.
[12] After section 13
13.2 An offence against subsection 13.1 is a strict liability offence.
13.3 A person is liable to a civil penalty if the person contravenes subsection 13.1.
[13] 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.
[14] After section 15.4
15.5 An offence against subsection 15.1, 15.2, 15.3 or 15.4 is a strict liability offence.
15.6 A person is liable to a civil penalty if the person contravenes subsection 15.1, 15.2, 15.3 or 15.4.
[15] After subsection 16.1
16.1A An offence against subsection 16.1 is a strict liability offence.
16.1B A person is liable to a civil penalty if the person contravenes subsection 16.1.
[16] After section 17.1
17.1A An offence against subsection 17.1 is a strict liability offence.
17.1B A person is liable to a civil penalty if the person contravenes subsection 17.1.
[17] After section 18.6
18.7 An offence against subsections 18.1 to 18.6 is a strict liability offence.
18.8 A person is liable to a civil penalty if the person contravenes subsections 18.1 to 18.6.
[18] After section 19
19.2 An offence against subsection 19.1 is a strict liability offence.
19.3 A person is liable to a civil penalty if the person contravenes subsection 19.1.
[19] After section 20.6
20.7 An offence against subsection 20.3, 20.5 or 20.6 is a strict liability offence.
20.8 A person is liable to a civil penalty if the person contravenes subsection 20.3, 20.5 or 20.6.
[20] After section 21.5
21.6 An offence against subsections 21.1 to 21.4 is a strict liability offence.
21.7 A person is liable to a civil penalty if the person contravenes subsections 21.1 to 21.4.
[21] After section 22
22.2 An offence against subsection 22.1 is a strict liability offence.
22.3 A person is liable to a civil penalty if the person contravenes subsection 22.1.
[22] After section 25
25.2 An offence against subsection 25.1 is a strict liability offence.
25.3 A person is liable to a civil penalty if the person contravenes subsection 25.1.
[23] After section 26
26.2 An offence against subsection 26.1 is a strict liability offence.
26.3 A person is liable to a civil penalty if the person contravenes subsection 26.1.
[24] After subsection 27.1
27.1A An offence against subsection 27.1 is a strict liability offence.
27.1B A person is liable to a civil penalty if the person contravenes subsection 27.1.
[25] After subsection 27.2
27.2A An offence against subsection 27.2 is a strict liability offence.
27.2B A person is liable to a civil penalty if the person contravenes subsection 27.2.
[26] Subsection 27.3
27.3 If, other than in the production operations of the MODU, the safety of a MODU or a person on board a MODU is endangered by the occurrence of a marine incident or a defect, the master must report the marine incident or defect as follows:
(a) within 4 hours after the incident or defect happens — using the approved form for initial reporting of an incident; and
(b) within 72 hours after the incident or defect happens — using the approved form for detailed reporting of the incident.
27.3A An offence against subsection 27.3 is a strict liability offence.
27.3B A person is liable to a civil penalty if the person contravenes subsection 27.3.
Note 1 Approved form and marine incident are defined in subsection 14(1) of the Navigation Act.
Note 2 For other requirements to report a marine incident — see section 186 of the Navigation Act. It is an offence not to report a marine incident in accordance with that section.
[27] Subsection 27.4
27.4 The person in charge of a MODU for which a valid MODU certificate is held must inform AMSA, and each issuing body that has issued a safety certificate that is in force for the MODU, in accordance with subsection 27.4A if:
(a) the MODU becomes less efficient or seaworthy than it was when the certificate was issued; and
(b) the lesser efficiency or seaworthiness is the result of any alteration or damage to:
(i) the MODU; or
(ii) any fitting, material, appliance or apparatus of the MODU.
27.5 For subsection 27.4, AMSA and each issuing body must be informed in the same way and within the same period that AMSA and an issuing body must be informed of an alteration mentioned in section 105 of the Navigation Act.
Note For the reporting form — see section 6 of Marine Order 31 (Ship surveys and certification) 2006.
27.6 For paragraph 105(1)(c) of the Navigation Act (which is about informing AMSA and an issuing body of alterations that affect a vessel’s safety certificates), the prescribed period is 7 days after the alteration is made.
[28] Paragraphs 29(a) and (b)
(a) an application has been made under section 99 of the Navigation Act for a safety certificate for a MODU; and
(b) a current survey states that the MODU complies with:
(i) the code mentioned in the table for the certificate; and
(ii) Schedule 2; and
(c) the MODU satisfies any other requirements for a MODU certificate to be issued, reissued or endorsed; and
(d) any other certificates required for the MODU are valid.
[29] After subsection 33 (2)
33.3 An offence against subsection 33.1 or 33.2 is a strict liability offence.
33.4 A person is liable to a civil penalty if the person contravenes subsection 33.1 or 33.2.
[30] Division 4, heading
Division 4 MODUs that are foreign vessels
[31] Section 34, heading
34 Control of MODUs that are foreign vessels
[32] Schedule 1, clause 1, definition of special personnel
omit
[33] Schedule 2, before subclause 14.1
Definition of special MODU personnel
14.1A In this clause:
special MODU personnel means a person who:
(a) is not the master, the person in charge or a seafarer; and
(b) is on board a MODU in connection with the purpose of the MODU or a related purpose; and
(c) has been given safety instruction at least to the level mentioned in subclause 14.11.
[34] Further amendments
| Section 1 | 47, issue 3. | 47 (Mobile offshore drilling units) 2012. |
| Subsection 5.5 | 425(1) | 339(1) |
| Subsection 5.6 | 425A(1AA) | 342(1) |
| Section 6, definition of person in charge | operator | owner |
| Section 6, definition of safety management system | operator | owner |
| Section 6, definition of safety management system | operator’s | owner’s |
| Section 6, note | (Administration) | (Administration) 2011 |
| Section 6, note | survey authority. | recognised organisation. |
| Paragraph 7.1(b) | operator | owner |
| Subsection 10.1 | (Administration) | (Administration) 2011 |
| Paragraph 10.3(b) | survey authority | recognised organisation |
| Subsection 11.1 | (Administration) | (Administration) 2011 |
| Paragraph 11.3(b) | survey authority | recognised organisation |
| Subsection 11.4, note | (Administration) | (Administration) 2011 |
| Subsection 12.1, note | registered | registered or required to be registered |
| Section 13 | The operator | 13.1 The owner |
| Sections 13 and 14 | This is a penal provision | Penalty: 50 penalty units |
| Section 14 | The person | 14.1 The person |
| Section 15 | operator | owner |
| Subsections 15.1, 15.2, 15.3, 15.4, 16.1, 17.1, 18.1, 18.2, 18.3, 18.4, 18.5 and 18.6 | This is a penal provision | Penalty: 50 penalty units |
| Subsections 16.1,17.1 and 18.1 | operator | owner |
| Paragraph 18.1(a) | registered | registered or required to be registered |
| Section 19 | The operator | 19.1 The owner |
| Section 19 | This is a penal provision | Penalty: 50 penalty units |
| Section 19, note | registered | registered or required to be registered |
| Section 20 | operator | owner |
| Subsection 20.3 | a surveyor | an inspector or a surveyor |
| Subsections 20.3, 20.5, 20.6, 21.1, 21.2, 21.3 and 21.4 | This is a penal provision | Penalty: 50 penalty units |
| Paragraphs 20.5(c) and 20.6(c) | operator’s | owner’s |
| Subparagraph 21.3(b)(i) | survey authority | recognised organisation |
| Subparagraph 21.3(b)(v) | survey authority | recognised organisation |
| Subsection 21.5, note | equipment). | equipment) 2011. |
| Section 22 | The person | 22.1 The person |
| Section 22 | This is a penal provision | Penalty: 50 penalty units |
| Section 22, note | registered | registered or required to be registered |
| Division 3, heading | registered | registered or required to be registered |
| Section 23, heading | registered | registered or required to be registered |
| Section 23 | registered | registered or required to be registered |
| Section 24 | operator | owner |
| Section 25, heading | operator’s | owner’s |
| Section 25 | The operator | 25.1 The owner |
| Sections 25 and 26 | This is a penal provision | Penalty: 50 penalty units |
| Section 26 | The person | 26.1 The person |
| Subsection 27.1 | operator | owner |
| Subsections 27.1 and 27.2 | a surveyor | an inspector or a surveyor |
| Subsections 27.1 and 27.2 | the surveyor | the inspector or surveyor |
| Subsections 27.1 and 27.2 | This is a penal provision | Penalty: 50 penalty units |
| Section 28 | operator | owner |
| Subdivision 3.3, note at foot of heading | certification). | certification) 2006. |
| Section 29 | survey authority | recognised organisation |
| Section 30, heading | Cancellation | Revocation |
| Subsection 30.1 | survey authority | recognised organisation |
| Subsection 30.1 | cancel | revoke |
| Subparagraphs 31.1(b)(ii) and (iv) | survey authority | recognised organisation |
| Subsection 31.2 | certification). | certification) 2006. |
| Section 32 | surveyor | inspector or surveyor |
| Section 33 | This is a penal provision | Penalty: 50 penalty units |
| Subsection 33 (1) | (1) | 33.1 |
| Subsection 33 (1) | operator | owner |
| Subsection 33 (2) | (2) | 33.2 |
| Sections 35 and 36 | Marine Orders, Part 47 | this Order |
| Schedule 1, clauses 3.2 and 3.5 | operator | owner |
| Schedule 1, subparagraph 3.2(c)(i) | Marine Orders Part 3 (Seagoing qualifications); or | Marine Order 3 (Seagoing qualifications) 2004; or |
| Schedule 1, clause 3.5 | as part of its crew at least 1 person | at least 1 seafarer |
| Schedule 2, heading | registered | registered or required to be registered |
| Schedule 2, paragraph 3.4(a) | survey authority | recognised organisation |
| Schedule 2, clause 10 | Orders Part 10 (Medical first aid on ships) | Order 11 (Living and working conditions on vessels) 2013 |
| Schedule 2, clause 11, note | Orders Part 16 (Load Lines). | Order 16 (Load lines) 2004. |
| Schedule 2, subclause 13.1, note 1 | Orders Part 12 (Construction —subdivision and stability, machinery and electrical installations). | Order 12 (Construction —subdivision and stability, machinery and electrical installations) 2009. |
| Schedule 2, subclause 13.7 | operator’s | owner’s |
| Schedule 2, subclause 14.2 | member of the crew | seafarer |
| Schedule 2, subclauses 14.2 and 14.8 | special | special MODU |
| Schedule 2, subclause 14.4 | operating crew | seafarers |
| Schedule 2, paragraph 14.11(d) | ship | vessel |