Marine Order 50, issue 6

Special purpose ship - defined in section 12 as a self-propelled ship carrying on board at least 13 special personnel, or more than 12 people of whom at least one is special personnel and no more than 12 are passengers. This threshold is critical: any self-propelled vessel breaching either limb becomes a special purpose ship, triggering the full Order. The definition does not depend on the vessel’s stated function; it turns purely on headcount and classification of persons. A ship carrying 13 scientists (special personnel) with no passengers is caught. A ship with 10 paying passengers, 3 police officers and 2 crew is also caught (13 people total, with at least one special personnel and 12 or fewer passengers). The “self-propelled” requirement excludes barges and non-self-propelled platforms.

Special personnel - defined by reference to section 283 of the Navigation Act, but section 13 of the Order adds two categories: a passenger and a person who is on the business of the ship. This is a significant expansion: it means that anyone on board for the ship’s commercial purpose (e.g., a technician servicing equipment) and even fare-paying passengers count as special personnel for the purpose of the definition. Consequently, the term is broader than the colloquial understanding. The Order then uses this extended definition to trigger training duties (s 18) and the certificate requirement.

SPS Code - the IMO Code of Safety for Special Purpose Ships, adopted by resolution MSC.266(84) and amended by MSC.299(87). The Order refers to the Administration in the Code as AMSA. The Code contains detailed construction, fire safety, life-saving and equipment standards. The Order does not reproduce the Code; it incorporates it by reference, so compliance with the Order means compliance with the Code as amended at the time of survey.

Special purpose ship safety certificate - the required document issued under section 17 by a survey authority (AMSA or an accredited organisation) after a satisfactory survey. It is treated in Marine Order 31 as equivalent to a Cargo Ship Safety Certificate for procedural purposes. Ships constructed before 1 January 2010 may use certificates issued under Issue 4 of the earlier Marine Orders Part 50.

Existing ship - defined in section 6 as a ship constructed before 1 May 1987, unless modified after 30 April 1987 in ways that change its dimensions, use or gross tonnage by more than 10 per cent. Such ships may be treated as compliant with the SPS Code under section 11 at AMSA’s discretion, taking into account the ship, its equipment and intended operations.

Exemptions and equivalents - Division 2 allows AMSA to exempt a ship from particular Order requirements (s 9) or approve an alternative fitting as equivalent to a mandated item (s 10). Both are discretionary and require the applicant to show that the exemption does not contravene the SPS Code or SOLAS. Exemptions must be kept on board (penal provision).

Penal provision - a term used in Marine Orders to denote a provision whose contravention is an offence under the Navigation Act, with penalties determined by that Act. Sections 9.3 and 18.1 are the only provisions expressly labelled as penal in this Order.

The Order directly imposes compliance burdens on owners and masters of any special purpose ship that is registered in Australia or that engages on a voyage starting or ending at an Australian port or territory. That includes vessels operated by government agencies (e.g., police, customs, marine research organisations), private survey companies, offshore support operators, and any enterprise that carries a mix of personnel above the 12/13 threshold. Foreign-flagged ships are also caught if they call at Australian ports; the Order does not exempt them by virtue of foreign registration. For the master, the penal duties under section 18.1 require personal satisfaction that each special person is trained and knows the ship layout, creating direct personal liability. For the owner, the application for a special purpose ship safety certificate (s 15) and the obligation to keep the ship surveyed according to cargo ship standards (s 16) impose recurring costs: survey fees, potential modification costs to meet SPS Code requirements, and the opportunity cost of time out of service. Special personnel themselves are affected only indirectly through the training they receive; the Order does not impose duties on them. Survey authorities (AMSA and accredited classification societies) gain additional work in processing certificate applications, exemption requests and equivalent approvals. Third parties such as charterers, insurers and ship financiers will also be affected: a vessel without a valid special purpose ship safety certificate cannot lawfully proceed to sea from an Australian port, potentially grounding operations. Insurance policies often require compliance with statutory certificates; a gap may affect coverage. Shipbuilding and repair firms may need to design or modify vessels to meet SPS Code standards, especially if the vessel’s personnel count crosses the threshold. The Order also indirectly affects passengers: by deeming them special personnel, they must receive safety training and information about ship layout, which may increase operator costs and the passenger’s time commitment. For vessels under 500 gross tonnage or built before May 1987, the Order gives AMSA discretion to deem compliance, but that discretion is not automatic; operators must apply and provide sufficient evidence.

Master’s duties - take a ship to sea only if it has a valid special purpose ship safety certificate (s 14, penal). Ensure each special person on board knows the ship layout and location of emergency equipment, and has received shipboard training in safety procedures, including handling the ship’s safety equipment (s 18.1, penal). Keep written records of that layout instruction and training (s 18.2). Keep a copy of any exemption on board for the duration of the voyage (s 9.3, penal). The master may request information from the special person or their employer to verify that the person has sufficient training to undertake all required duties (s 18.3). Note that the duty is to be “satisfied” - a subjective standard, but one that would likely be tested objectively in enforcement.

Owner’s duties - ensure the ship has the required certificate before it is taken to sea (s 14.2: “the master or owner … must ensure”). This creates a joint liability. The owner must apply for the certificate under section 15 and arrange the survey. There is no explicit obligation to maintain the certificate’s validity or arrange periodic surveys, but that is implied by the ongoing requirement to have a certificate when at sea.

Rights - any person may apply for an exemption from an Order requirement (s 9.1) or for approval of an equivalent fitting (s 10.2). The application process is set out in Marine Order 1 (Administration). AMSA must be satisfied the exemption is unnecessary or unreasonable and does not contravene the SPS Code or SOLAS. For equivalents, AMSA must be satisfied the alternative is at least as effective and does not contravene the Code. There is a right to internal and external review of these decisions under Marine Order 1. Owners of existing ships or ships under 500 GT may ask AMSA for a decision that the ship is taken to comply with the SPS Code even if it does not fully meet the Code (s 11). That decision is also subject to review.

AMSA’s powers - grant exemptions subject to conditions, approve equivalents, and make compliance decisions under s 11. AMSA may also impose conditions on exemptions. All decisions are discretionary and the Order gives no further guidance beyond the criteria stated.

The Order designates two provisions as penal: section 9.3 (master must keep exemption copy on board) and section 18.1 (master’s duty to ensure training). Because the Order itself does not specify a penalty, the applicable penalty is that provided by section 283A of the Navigation Act for contravening a Marine Order made under that Act. Under the Navigation Act 1912, the maximum penalty for an offence against a Marine Order could be a fine or imprisonment; however practitioners must check the current Navigation Act 2012 (which may have superseded) or the regulations under it, as the Order still references the 1912 Act. The Order does not create strict liability; the master must “ensure” - suggesting a fault element, but the contravention may be made out by proof of the act. The absence of a specified penalty in the instrument itself is notable: it forces the reader to cross-reference the parent Act and the Crimes Act to calculate a penalty unit (currently $313 as of 2024 indexing, per s 4AA Crimes Act 1914). The Order does not contain any provision for infringement notices, demerit points, or administrative penalties. Enforcement is likely by AMSA inspection during port State control or survey; non-compliant vessels may be detained under the Navigation Act. The training obligation (s 18) is particularly vulnerable to enforcement because it requires documented proof; if records are absent, the master may have difficulty demonstrating satisfaction. There is no separate penalty for the owner under s 14.2, but the owner may be jointly liable. No civil penalties or remediation orders are mentioned.

The Order sits within a hierarchy of maritime legislation. Its primary enabling statute is the Navigation Act 1912, but the Act has been replaced by the Navigation Act 2012 (the Order was made in 2012 under the old Act; transitional provisions may keep it in force). It modifies section 206S of the Navigation Act, which otherwise would require a passenger ship safety certificate for ships carrying more than 12 passengers. Schedule 1 substitutes certificates for special purpose ships: a cargo ship certificate of survey plus a special purpose ship safety certificate, rather than a passenger ship certificate. This is a key interaction: operators of vessels carrying persons who qualify as passengers (up to 12) avoid the more stringent passenger ship safety certificate regime. However, the cargo ship certificate of survey is still required. Marine Order 31 (Ship surveys and certification) is directly incorporated for survey procedures, certificate application and issuance. Marine Order 1 (Administration) governs application processes, definitions, and approved forms. The SPS Code and SOLAS are incorporated by reference; any exemption or equivalent must not contravene them, which means the Order cannot be used to circumvent international obligations. The Australian Maritime Safety Authority Act 1990 provides for fees (s 47). The Crimes Act 1914 defines the penalty unit. The Order does not affect state or territory workplace health and safety laws, which may impose additional duties on the operator. Employment laws concerning seafarers (Fair Work Act, Seacare) also apply. For foreign ships, the Order applies in Australian ports and waters; it does not purport to override flag State law outside Australia. There is no mention of interaction with the Offshore Petroleum and Greenhouse Gas Storage Act or the Marine Safety (Domestic Commercial Vessel) National Law - the latter may apply to small vessels but the Order’s certification requirements would likely take precedence for special purpose ships.

The Order repeals Marine Orders Part 50, Issue 5. No earlier versions are described in the text. It references the SPS Code as adopted by IMO Resolution MSC.266(84) and amended by MSC.299(87). Any later amendments to the SPS Code are not automatically incorporated; the Order would need to be amended by a further issue. The definition of “existing ship” uses 1 May 1987 as the cut-off - this date originates from earlier SOLAS or SPS Code transitional provisions, not from this Order itself. Section 17.4 allows ships constructed before 1 January 2010 to use certificates issued under issue 4 - a grandfathering provision that has now been overtaken by time (vessels built after 2010 would need a current certificate). The Order does not include a sunset clause or a scheduled review date. The absence of an amendment history in the text means the user must rely on external sources to trace earlier issues.

The instrument itself references no court cases. Given its technical nature and the fact it largely implements an international code, there is unlikely to be extensive domestic case law specifically on this Order. Any litigation would likely arise under the parent Navigation Act rather than under the Order itself, perhaps concerning detention of a vessel for lack of a certificate, or a challenge to a refusal of an exemption. The Order does not confer a private right of action; non-compliance would be enforced by AMSA or through criminal prosecution. No case name is provided, so none can be cited.

(1) Outdated parent Act - The Order refers repeatedly to the Navigation Act 1912, which was repealed and replaced by the Navigation Act 2012. Although the Order was made under the 1912 Act, the new Act likely continues Marine Orders in force under transitional provisions. However, a practitioner relying on the text alone might assume the 1912 Act is current; it is not. Always verify the current enabling legislation.

(2) Passengers are special personnel - Section 13 prescribes a passenger as a “prescribed person” for the purpose of the definition of special personnel. This means a person who pays for carriage is still counted as special personnel, not as a passenger as traditionally understood under SOLAS. This broadens the scope: a ship carrying 13 passengers with no other special personnel is a special purpose ship, not a passenger ship, and thus does not need a passenger ship safety certificate. But the vessel must still comply with the SPS Code and carry a cargo ship certificate of survey - which may be less stringent than passenger ship requirements. Operators need to check if this classification actually reduces or increases compliance costs depending on the specific vessel.

(3) Threshold is headcount, not purpose - The definition of special purpose ship in s 12 is purely headcount and status-based, not function-based. A ship that carries researchers but only 12 people is not caught; a ship that carries 13 tourists on a sightseeing cruise is caught. This can lead to perverse outcomes where a vessel’s regulatory classification changes trip by trip.

(4) No penalty amount stated - The Order identifies penal provisions but does not specify the fine or imprisonment length. Exhaustive search of the Navigation Act and Crimes Act is required. This is a compliance risk: operators may underestimate consequences.

(5) Broad AMSA discretion under s 11 - For existing ships or ships under 500 GT, AMSA may deem a non-compliant ship to comply if “reasonable and practical”. The criteria are vague (ship, equipment, intended operations). This creates uncertainty for operators who cannot rely on a fixed standard; the decision may vary between surveyors or over time.

(6) Exemptions cannot override SPS Code - Section 9.2(b) prohibits exemptions that contravene the SPS Code or SOLAS. This severely limits AMSA’s discretion for any requirement that is mandated by the Code. The “unnecessary or unreasonable” test in s 9.2(a) applies only to domestic additions, not Code provisions.

(7) Training records must be kept - Section 18.2 requires the master to record both the information given about layout and the safety training. There is no retention period specified, but if no records exist, the master cannot prove compliance. This is an evidentiary burden.

(8) Survey as cargo ship - Section 16 applies survey sections 8, 9, 10 and 13 of Marine Order 31 “as if the special purpose ship were a cargo ship”. That means survey intervals and scope follow cargo ship rules, not passenger ship rules. However, a ship initially surveyed as a cargo ship may later be required to meet different standards if it starts carrying passengers above the 12 limit.

(9) Certificate may not be valid on short international voyages - Schedule 1 modifies s 206S to require a special purpose ship on a short international voyage to have a passenger ship short voyage safety certificate? Actually it substitutes the requirement: for a special purpose ship, the certificate combination is cargo ship certificate of survey plus special purpose ship safety certificate. The passenger ship short voyage certificate is not required for special purpose ships. That is an advantage, but the interaction with flag State requirements for foreign vessels needs careful review.

(10) No extension to domestic commercial vessels - The Order applies only to ships under the Navigation Act (international vessels). Domestic commercial vessels (class 1, 2, 3, 4) are regulated under the Marine Safety (Domestic Commercial Vessel) National Law. Operators running a vessel solely in Australian waters under 500 GT should check whether the National Law applies instead; this Order may not be the correct instrument.

(1) Classify the vessel - Determine if the vessel is a special purpose ship under s 12. Count all persons on board. If there are 13 or more special personnel (including passengers and persons on the business of the ship), or if there are more than 12 persons total with at least one special personnel and no more than 12 passengers, it is a special purpose ship. If the vessel is self-propelled, the Order applies.

(2) Check grandfathering - If the ship was constructed before 1 May 1987 and not materially modified in length, breadth, moulded depth, use or tonnage, it is an existing ship. Consider applying to AMSA under s 11 for a decision that the ship is taken to comply with the SPS Code. Provide information on the ship and its intended operations. This may avoid costly retrofits.

(3) Apply for survey and certificate - Contact AMSA or an authorised survey authority. Submit an application for a special purpose ship safety certificate under s 15, following the process in Marine Order 31. The survey will be conducted as if the vessel were a cargo ship (s 16). Ensure the vessel complies with the SPS Code (or obtain an s 11 determination). The certificate will be in the approved form (available on AMSA’s website). At the same time, obtain a cargo ship certificate of survey (required by Schedule 1 for international voyages).

(4) Consider exemptions or equivalents - If the vessel cannot meet a particular SPS Code requirement, assess whether applying for an exemption (s 9) or an equivalent fitting (s 10) is viable. Prepare evidence that the exemption is unnecessary or unreasonable, or that the alternative is at least as effective. Both must not contravene the SPS Code or SOLAS.

(5) Master’s training program - Before each voyage, the master must be satisfied that each special personnel on board knows the ship layout and location of emergency equipment, and has received shipboard training in safety procedures for emergencies that may occur on that type of ship, including handling safety equipment. Develop a standardised induction and training program. Keep records: a training register indicating who received what training, when, and by whom. Retain these records (no explicit retention period; keep for at least the duration of the voyage and beyond for audit).

(6) Document all evidence - For the master’s satisfaction under s 18.1, it is prudent to have the special personnel sign a form acknowledging receipt of layout information and training. The master may request training records from the person’s employer (s 18.3) if the person claims prior competency. Keep these on board.

(7) Maintain certificate validity - The certificate must be kept on board (implied by s 14). Arrange periodic surveys as per Marine Order 31 cargo ship requirements. If the vessel’s configuration or personnel count changes, reassess classification.

(8) Check fee schedules - Processing fees for applications are set under the Australian Maritime Safety Authority Act 1990 s 47. Confirm the current fee with AMSA.

(9) Stay aboard - If an exemption is granted, a copy must be kept on board (penal provision). Ensure the master knows this.

(10) Verify current Act - Because the Order references the Navigation Act 1912, confirm that the Navigation Act 2012 continues the Order’s validity. Monitor AMSA for future issues that may update references or incorporate newer SPS Code amendments.