Marine Order 503 (Certificates of survey — national law) 2018

Marine Order 503 (Certificates of survey , national law) 2018 prescribes how certificates of survey for domestic commercial vessels are applied for, issued, renewed, varied, suspended and revoked under the Marine Safety (Domestic Commercial Vessel) National Law. It sets survey standards, who may conduct surveys, the standards that apply to different vessel categories (new, existing, transitional), the conditions to which certificates of survey are subject, and the mechanism for approving alternative means of compliance. The Order delegates procedural detail to other instruments , notably Marine Order 501 for application and administrative processes and the National Law - Marine Surveyors Accreditation Guidance Manual 2014 for survey practice and definitions , and incorporates recognised international standards in certain circumstances (for example MARPOL, EIAPP, Load Line rules) (see ss 2-5, 9, 21(2)).

Mechanically, the Order requires applications for certificates of survey to be made in the approved form and accompanied by prescribed fees (s 4(1); note to s 9(1)). Surveys must follow the Guidance Manual (s 5(2)), and may be carried out by the National Regulator, an accredited marine surveyor, or a recognised organisation (s 6(1)). Vessels of length at least 35 metres are generally required to be surveyed by a recognised organisation unless they meet a narrow exception (s 6(2)). The Order prescribes different substantive standards depending on whether a vessel is new, existing or transitional (s 7, s 8, s 22). It specifies circumstances that trigger an initial survey rather than a renewal survey (Schedule 1; s 9(1)), defines survey frequency and periodic-survey timing (Schedule 3), and sets a default maximum certificate duration of five years where no expiry date is specified (s 12).

The National Regulator has power to approve equivalent means of compliance (Div 4, ss 17-20) and to vary, suspend or revoke certificates under stated criteria (Div 3, ss 13-16). Many decisions under the Order are subject to internal review rights referenced to Marine Order 501 (see, for example, s 10(2), s 17(4), s 19(2)). The Order also imposes ongoing owner obligations as conditions on certificates , reporting surveys, rectifying defects, keeping equipment certificates current, notifying transfers and scrapping, and not operating where a Schedule 1 change has occurred until a new certificate is issued (s 11).

The Coat of Arms of the Commonwealth is depicted in addition to the agency name

made under the Marine Safety (Domestic Commercial Vessel) National Law

Compilation no. 2

Compilation date: 1 September 2023

This compilation was prepared on 26 October 2023 taking into account amendments up to Marine Orders Amendment (Marine Order 501 — consequential changes) Order 2023.

Prepared by the Australian Maritime Safety Authority

Division 1 Preliminary

1 Name of Order

2 Determinations

3 Approvals

Division 2 Requirements for certificates of survey

4 Application for certificate

5 Survey standards

6 Persons conducting surveys

7 Vessel and equipment standards — vessels not surveyed by recognised organisation

8 Vessel and equipment standards — vessels surveyed by recognised organisation

9 Issue of certificate

10 Renewal of certificate

11 Conditions on certificate

12 Duration of certificate

Division 3 Variation, suspension and revocation of certificates of survey

13 Application for variation, suspension or revocation of certificate

14 Criteria for variation of certificate

15 Suspension of certificate

16 Criteria for revocation of certificate

Division 4 Equivalent means of compliance

17 Approval of equivalent means of compliance

18 Application for equivalent means of compliance

19 Revocation of equivalent means of compliance

20 Duration of equivalent means of compliance

Division 5 Definitions and transitional

21 Definitions and interpretation

22 Existing vessel, transitional vessel and new vessel — meaning

23 Transitional

Schedule 1 Vessel changes

Schedule 2 Standards for transitional vessels

Schedule 3 Periodic survey for vessels

Division 1 Preliminary

1 Name of Order

This Order is Marine Order 503 (Certificates of survey — national law) 2018.

2 Determinations

(1) A person may apply, in accordance with Marine Order 501, for a determination mentioned in the National Law – Marine Surveyors Accreditation Guidance Manual 2014 that is specified to be made by the National Regulator.

(2) The National Regulator may make a determination subject to conditions.

3 Approvals

(1) A person may apply, in accordance with Marine Order 501, for an approval mentioned in the National Law – Marine Surveyors Accreditation Guidance Manual 2014 that is specified to be made by the National Regulator.

(2) The National Regulator may give an approval subject to conditions.

Division 2 Requirements for certificates of survey

4 Application for certificate

(1) For subsection 37(2) of the national law, an application for a certificate of survey for a domestic commercial vessel must be made in accordance with section 9 of Marine Order 501.

Note Giving false or misleading information in an application is an offence — see section 136.1 of the Criminal Code.

(2) Division 3 (other than section 13) of Marine Order 501 applies to an application for a certificate of survey.

5 Survey standards

(1) This section prescribes the standards for the survey of a domestic commercial vessel that must be conducted by a person mentioned in section 6.

(2) An initial survey, periodic survey or renewal survey must be conducted in accordance with Part 2 of the National Law – Marine Surveyors Accreditation Guidance Manual 2014.

Note Plan approval is required to be obtained before construction of a vessel commences — see National Law – Marine Surveyors Accreditation Guidance Manual 2014.

6 Persons conducting surveys

(1) The survey of a vessel (other than an electrical survey) must be conducted by:

(a) the National Regulator; or

(b) an accredited marine surveyor who is accredited to perform the category or categories of survey undertaken; or

(2) A vessel that is ≥35 m must be surveyed by a recognised organisation in accordance with Chapter 5 of Part 2 of the National Law – Marine Surveyors Accreditation Guidance Manual 2014 unless:

(a) the vessel is an existing vessel or transitional vessel; and

(b) the survey process that applied to the vessel when it was last surveyed before 1 July 2013 permitted the vessel to be surveyed by a person other than a recognised organisation.

Note 1 A vessel mentioned in paragraphs 6(2)(a) and (b) may be surveyed by any person mentioned in subsection 6(1).

Note 2 The Marine Surveyors Accreditation Guidance Manual requires those aspects of the vessel that are built to class rules to be surveyed by a recognised organisation. This includes the construction, machinery, anchoring equipment and electrical installation aspects of the vessel.

(3) However, an electrical survey of a vessel must be conducted by:

(a) for electrical survey for plan approval — any of the persons mentioned in subsection (1); and

(b) for electrical survey other than for plan approval:

(i) a person who holds an unrestricted electrical licence; or

(ii) an accredited marine surveyor who is accredited to perform electrical surveys.

(4) A person conducting an electrical survey mentioned in paragraph (3)(b) must give a compliance report to the person conducting the survey of the vessel as soon as practical after the electrical survey is completed unless the person conducted both surveys.

7 Vessel and equipment standards — vessels not surveyed by recognised organisation

(1) This section prescribes the vessel and equipment standards for a domestic commercial vessel that is not surveyed by a recognised organisation.

(2) For an existing vessel — the standards are:

(a) for arrangement, accommodation and personal safety, watertight and weathertight integrity, construction, fire safety, engineering, stability, equipment (other than the equipment mentioned in paragraph (b) or (c)) and associated systems:

(i) if the vessel operated before 1 July 2013 — the standards that applied to the vessel on 30 June 2013; and

(ii) if the vessel did not operate before 1 July 2013 — the standards that applied to the vessel when design approval was approved; and

(b) for a Class 4 vessel — the standards for safety equipment that apply to the vessel in accordance with the NSCV Part F2; and

(c) for a Class 1, 2 or 3 vessel — the standards for safety equipment and the EPIRB requirements that apply to the vessel in accordance with NSCV Parts C and F.

Note for paragraph (a) Associated systems include fuel, bilge, exhaust and ventilation systems.

Note for paragraph (b) NSCV Part F2 applies to vessels that are Class 4. In NSCV Part F2, the term ‘safety equipment’ means appliances for saving or protecting life, including communications equipment (including EPIRB requirements), navigation equipment, fire equipment and anchoring systems.

Note for paragraph (c) NSCV Part C applies to vessels that are Class 1, 2 or 3. NSCV Part F1 applies to vessels that are fast craft. In NSCV Parts C7 and F1, the term ‘safety equipment’ does not include communication, navigation or anchoring equipment.

Note The NSCV provides that, from 1 January 2021, certain kinds of vessels must carry a class 2 EPIRB fitted in a category 1 bracket. The EPIRB also needs to be registered with AMSA.

(3) For a new vessel, the standards for arrangement, accommodation and personal safety, watertight and weathertight integrity, construction, fire safety, engineering, stability, equipment and associated systems are:

(a) NSCV; and

(b) USL Code Section 5, subsection C, clauses C.42 to C.47, C.49 to C.53, C.54.2, C.55 to C.57, C.61.1, C.61.2a, C.61.3, C.61.3a, C.61.4, C.61.5, C.67, C.68, C.69.1 to C.69.6 and C.70 to C.73; and

(d) USL Code Section 7 or the Load Lines Convention.

Note 1 The standards mentioned in this subsection are the standards that apply to a new vessel in accordance with the application provision of each standard.

Note 2 A vessel is taken to meet the required outcomes specified in the NSCV if the vessel meets the deemed to satisfy solutions.

(4) Despite subsection (3), a new vessel being built as a sister vessel may comply with the standards in force under subsection (3) up to 3 years before the first construction phase survey for the vessel occurs in accordance with Part 2 of the National Law – Marine Surveyors Accreditation Guidance Manual 2014.

Note A vessel with the same structural arrangement and scantlings as a vessel previously surveyed in accordance with the national law (the ‘basis’ vessel) may be constructed to the basis vessel’s approved plans for so long as the plan remains in compliance with the current applicable standards, and for a further three years.

(5) However, for a new vessel, the standards (other than the standards for the equipment mentioned in paragraph 7(2)(b) and paragraph 7(2)(c)) are those standards that applied to the vessel when it was first issued a certificate of survey or other approval to operate unless:

(a) a change mentioned in Schedule 1 has occurred; or

(b) the vessel has not had a certificate of survey or other approval to operate in force for at least 2 years.

Note 1 For arrangement, accommodation and personal safety, watertight and weathertight integrity, construction, fire safety, engineering, stability, equipment (other than the equipment mentioned in paragraph 7(2)(b) and paragraph 7(2)(c), being safety equipment and EPIRB requirements) and associated systems, the standards for a new vessel are those standards that applied to the vessel when it was first issued a certificate of survey unless a circumstance in paragraph (a) or (b) has occurred. For safety equipment and EPIRB requirements, the standards are the standards mentioned in subsection 7(3), as existing from time to time.

Note 2 The NSCV provides that, from 1 January 2021, certain kinds of vessels must carry a class 2 EPIRB fitted in a category 1 bracket. The EPIRB also needs to be registered with AMSA.

(6) For a transitional vessel — the standards are either:

(a) the standards mentioned in subsection (3); or

(b) the standards mentioned in Schedule 2 that apply to the vessel.

8 Vessel and equipment standards — vessels surveyed by recognised organisation

(1) The prescribed vessel and equipment standards for a domestic commercial vessel that is required to be surveyed by a recognised organisation are:

(a) for construction, machinery, anchoring equipment and electrical installations — class rules (however described); and

(b) for other areas of the vessel — the standards mentioned in section 7 that apply as if the vessel were not surveyed by a recognised organisation.

Note A vessel mentioned in subsection 6(2) that is ≥35m in length must be surveyed by a recognised organisation.

(2) The prescribed vessel and equipment standards for a domestic commercial vessel that elects to be surveyed by a recognised organisation are:

(a) if class rules (however described) are applied by the recognised organisation — the standards mentioned in subsection (1);

(b) if class rules (however described) are not applied by the recognised organisation — the standards mentioned in section 7 that would apply if the vessel were not surveyed by a recognised organisation.

Note A vessel not required to be surveyed by a recognised organisation may be surveyed by any of the persons mentioned in subsection 6(1) including an accredited marine surveyor or recognised organisation.

9 Issue of certificate

(1) For paragraph 38(1)(c) of the national law, the National Regulator is satisfied that:

(a) for a vessel that has not had a certificate of survey in force for at least 2 years — the vessel has completed an initial survey; and

(b) for a vessel that has had a change mentioned in clause 1, 2, 6(b) or 7 of Schedule 1 — the vessel has completed an initial survey; and

(c) for a vessel that has had a change mentioned in clause 3, 4, 5 or 6(a), (e) or (f) of Schedule 1 — the vessel has completed an initial survey for the areas of the vessel affected by the change, as well as a renewal survey for the vessel in accordance with paragraph (d); and

(d) for a vessel that has had any other change mentioned in Schedule 1 — the vessel has completed a renewal survey within the 6 months period before application for a certificate of survey.

(2) For paragraph 38(1)(c) of the national law, the criteria for the issue of a certificate of survey are that:

(a) the National Regulator is satisfied that the vessel meets the standards mentioned in this Order that apply to the vessel; and

(b) the vessel meets the standards for construction and equipment as required by Annex I of MARPOL if the vessel:

(i) is a new vessel; and

(ii) has not been issued a certificate of survey before 1 July 2018; and

(iii) is ≥35m in length; and

(iv) is at least 400 GT; and

(c) if the vessel is fitted with a new engine after 30 June 2018 that is a marine diesel engine with propulsion power >130 kW — the vessel has an EIAPP certificate or an engine international air pollution prevention certificate issued in accordance with Annex VI of MARPOL; and

(d) if Marine Order 507 (Load line certificates — national law) 2018 applies to the vessel — the vessel has a load line certificate or the National Regulator is satisfied that the vessel will obtain a load line certificate.

Note 1 An application for a certificate must be made in accordance with section 4 and be accompanied by any prescribed fee.

Note 2 For the issue of a certificate of survey, if a standard is not met, a vessel must have an approved equivalent means of compliance — see Division 4 for the requirements concerning application and approval of an equivalent means of compliance.

(3) However, to the extent that an equivalent means of compliance approved under section 17 and in effect for the vessel replaces the standards mentioned in this Order that apply to the vessel, the National Regulator must be satisfied that the vessel meets the equivalent means of compliance.

10 Renewal of certificate

(1) The National Regulator may renew a certificate of survey if:

(a) the application for renewal of a certificate of survey has been made in the approved form and accompanied by any prescribed fee; and

(b) the vessel has had a certificate of survey in force within the 2 year period before the application for the renewal of a certificate of survey; and

(d) the vessel has completed a renewal survey, either:

(i) for a vessel that has a certificate of survey in force — within the 6 month period before the certificate of survey ceases to be in force; and

(ii) for a vessel that does not have a certificate of survey in force — within the 6 month period before application for a certificate of survey; and

(e) the vessel meets the criteria specified in subsections 9(2) and 9(3) for the issue of a certificate.

(2) A decision to refuse to renew a certificate of survey is a reviewable decision for sections 16 and 17 of Marine Order 501.

Note A certificate of survey which has expired is no longer in force. If the vessel’s certificate of survey has expired, the vessel must not be operated until the certificate has been renewed. An application made 2 years or more after the certificate expiring would be an application made under section 9.

11 Conditions on certificate

(1) If there is not in effect an equivalent means of compliance approved under section 17, a certificate of survey is subject to the following conditions:

(a) the vessel must complete a periodic survey in accordance with the frequency mentioned in Schedule 3;

Note for paragraph (a) The frequency and kind of periodic survey to be conducted for a vessel varies depending on whether the vessel is in high, medium or low survey frequency.

(b) any defect identified in any survey, including a periodic survey, must be rectified;

(c) after any periodic survey of the vessel, the owner must ensure that the National Regulator is provided a report setting out the condition of the vessel and the extent of its compliance with the standards that apply to the vessel;

(d) any certificate of currency relating to equipment that is required to be carried on the vessel must be kept current;

(e) the maximum number of people permitted at the same time on the vessel, or any part of the vessel, must not be exceeded;

(f) the vessel must continue to meet the standards that apply to the vessel;

(g) the owner of the vessel must notify the National Regulator if any changes are made after 1 July 2018 to the vessel’s structure, arrangements, material or scantlings, including changes that are not mentioned in Schedule 1;

(h) the vessel must not be operated if a change mentioned in Schedule 1 has occurred;

Note for paragraph (h) A vessel may only recommence operating if a new certificate of survey is issued by the National Regulator under subsection 38(1) of the national law.

(i) if the owner of the vessel transfers ownership to another person, the transferor must, within 14 days after the transfer, notify the National Regulator in writing of:

(i) the date of transfer; and

(ii) the name and address of the transferee;

(j) the owner of the vessel must notify the National Regulator in writing within 14 days if:

(i) the vessel is sunk or scrapped, and the time and location of sinking or scrapping; or

(ii) the owner changes address; or

(iii) any information in the certificate is no longer accurate.

Note 1 Other conditions may be imposed — see paragraph 38(3)(b) of the national law.

Note 2 It is an offence to breach a condition of a certificate of survey — see sections 45 and 46 of the national law.

(2) If there is in effect an equivalent means of compliance approved under section 17, the vessel must:

(a) meet the conditions mentioned in subsection (1) other than paragraph (f); and

(b) meet the equivalent means of compliance and conditions (if any); and

(c) continue to meet the standards mentioned in this Order that apply to the vessel, to the extent that the equivalent means of compliance does not replace those standards.

(3) For the avoidance of doubt, a certificate of survey issued prior to 1 July 2018 is subject to the conditions mentioned in this section.

12 Duration of certificate

If a certificate of survey does not specify a date on which it ceases to be in force, the certificate ceases to be in force 5 years after it comes into force.

Division 3 Variation, suspension and revocation of certificates of survey

13 Application for variation, suspension or revocation of certificate

For subsection 39(2) of the national law, an application for variation, suspension or revocation of a certificate of survey must be made by the owner of the vessel in the approved form and be accompanied by any prescribed fee.

14 Criteria for variation of certificate

(1) For paragraph 40(1)(b) of the national law, the criteria for the National Regulator to vary a certificate of survey on application are any of the following:

(a) there has been a removal of a service category;

(b) the owner of the vessel has changed;

(d) information in the certificate is no longer accurate;

(e) the vessel has been altered (other than a change mentioned in Schedule 1), damaged or sold.

(2) For paragraph 40(2)(a) of the national law, the criteria for the National Regulator to vary a certificate of survey on its initiative are any of the following:

(a) there has been a removal of a service category;

(b) the owner of the vessel has changed;

(d) the National Regulator becomes aware that a vessel to which the certificate applies has been altered (other than a change mentioned in Schedule 1), damaged or sold;

(e) the National Regulator considers that any of the information mentioned in the certificate is no longer accurate;

(f) there is a change in conditions imposed on the certificate under paragraph 38(3)(b) of the national law.

15 Suspension of certificate

(1) For paragraph 41(1)(b) of the national law, the criterion for the National Regulator to suspend a certificate of survey on application is that any fees relating to the certificate have been paid.

Note An application by the owner for a suspension of a certificate must be in accordance with section 13.

(2) For subsection 41(2A) of the national law, the purpose for the suspension of a certificate of survey on the National Regulator’s initiative is any of the following:

(a) ensuring any unpaid fees relating to the vessel are recovered;

(b) ensuring necessary repairs are made to the vessel;

(d) ensuring that the vessel is not operated in contravention of a detention notice, a direction, an improvement notice or a prohibition notice.

Note The National Regulator must suspend a certificate if satisfied the suspension is necessary for other purposes (eg protecting human life) — see subsection 41(2) of the national law.

(3) For paragraph 41(3)(b) of the national law, the period of suspension is:

(a) for a suspension on application mentioned in subsection 41(1) of the national law — 18 months; and

(b) for a suspension on the National Regulator’s initiative mentioned in subsections 41(2) and (2A) of the national law — 6 months.

Note 1 Under paragraph 72(2)(a) of the national law the National Regulator must, before suspending a certificate under subsection 41(2A), give the holder of the certificate a notice inviting the holder to show cause, within a reasonable period specified in the notice, why the certificate should not be suspended.

Note 2 The prescribed period of suspension is the maximum period a suspension may remain in force. The National Regulator may specify in writing an earlier period — see paragraph 41(3)(b) of the national law.

Note 3 Suspension of a certificate of survey does not extend the duration of the certificate.

16 Criteria for revocation of certificate

(1) For paragraph 42(1)(b) of the national law, the criterion for the National Regulator to revoke a certificate of survey on application is that any fees relating to the certificate have been paid.

(2) For paragraph 42(2)(a) of the national law, the criteria for revocation of a certificate of survey by the National Regulator on its initiative are that:

(a) the National Regulator considers it to be necessary in the interest of marine safety or protecting the environment; or

(b) the certificate was issued in error; or

Division 4 Equivalent means of compliance

17 Approval of equivalent means of compliance

(1) The National Regulator may approve an equivalent means of compliance:

(a) on application by a person; or

(b) on the initiative of the National Regulator.

(2) The National Regulator may approve an equivalent means of compliance if satisfied that it is at least as effective as any part of the standards that it replaces.

(3) The National Regulator may impose conditions on the approval.

(4) A decision to refuse to approve an equivalent means of compliance under paragraph (1)(a) is a reviewable decision for sections 16 and 17 of Marine Order 501.

18 Application for equivalent means of compliance

(1) An application for the approval of an equivalent means of compliance mentioned in paragraph 17(1)(a) must be made in accordance with section 9 of Marine Order 501.

(2) The application for an approval of an equivalent means of compliance must include:

(a) details of the standards in this Order that apply to the vessel, to which the application relates; and

(b) a statement explaining how the proposed equivalent means of compliance is at least as effective as compliance with the standards applying to the vessel, that it is to replace; and

Note for paragraph (a) The application should mention the particular standards applying to the vessel that are to be replaced.

Note for paragraph (b) If the application relates to the NSCV, the statement may explain how the equivalent means of compliance meets the required outcomes in the NSCV that apply (if any) to the same level of safety as the deemed to satisfy solution. If the application relates to the USL Code, the statement may explain how the equivalent means of compliance meets each requirement of the USL Code to the same level of safety.

Note: Examples for paragraph (c)

Note: 1 A report from an accredited marine surveyor.

Note: 2 National Association of Testing Authorities, Australia (NATA) testing results.

Note: 3 A mill test report.

(3) Division 3 (other than section 13) of Marine Order 501 applies to an application for an equivalent means of compliance.

19 Revocation of equivalent means of compliance

(1) The National Regulator may revoke an equivalent means of compliance approved under section 17.

(2) A decision to revoke an equivalent means of compliance is a reviewable decision for sections 16 and 17 of Marine Order 501.

20 Duration of equivalent means of compliance

An equivalent means of compliance approved under section 17:

(a) commences on the day it is approved by the National Regulator; and

(b) remains in effect until the day specified in the approval (if any), unless it is revoked earlier.

Division 5 Definitions and transitional

21 Definitions and interpretation

(1) In this Order:

accredited marine surveyor means a person who is accredited under section 24 of the Marine Safety (Domestic Commercial Vessel) National Law Regulation 2013.

being constructed means:

(a) a vessel’s keel has been laid; or

(b) construction identifiable with the vessel has begun and at least the lesser of 50 tonnes, or 10% of the estimated mass of all structural material, of the vessel had been assembled.

category 1 bracket means a bracket for a class 2 EPIRB that is designed to automatically deploy the EPIRB when submerged at depth.

class 2 EPIRB means an EPIRB that has a manual and water activation switch.

dangerous goods has the same meaning as in NSCV Part C4.

design approval, for an existing vessel, means:

(a) vessel design, plans or construction drawings approved by a State or Territory; or

(b) a certificate of compliance for design for a State or Territory agency responsible for marine safety.

EIAPP certificate has the same meaning as in Marine Order 97 (Marine pollution prevention — air pollution) 2013.

EPIRB means emergency position indicating radio beacon.

fast craft has the same meaning as in NSCV Part B.

high speed thrill ride vessel means a Class 1 or Class 2 vessel used for high speed adventure or thrill rides where persons on board the vessel are intentionally subject to high speeds or vertical or horizontal accelerations.

initial survey has the same meaning as in Part 2 of the National Law – Marine Surveyors Accreditation Guidance Manual 2014.

landing barge means a vessel designed for beaching to enable the loading and discharge of cargo or persons by foot or vehicle directly from or onto the shoreline without the use of wharfs or other shore side facilities.

load line certificate has the same meaning as in Marine Order 507 (Load line certificates — national law) 2018.

Marine Order 501 means Marine Order 501 (Administration — national law) 2023.

MARPOL has the same meaning as the Convention in the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.

modifier, for a vessel, means any of the following circumstances apply:

(a) carriage of dangerous goods including petroleum or gas products (other than petroleum or gas products intended for use on the vessel or fireworks carried on the vessel only for use on the vessel for a fireworks display);

(b) the vessel has an inboard engine which operates on fuel that has a flashpoint of less than 60°C;

(d) the vessel is a support vessel in the offshore oil or gas industry;

(e) the vessel is a Class 4 vessel operated overnight;

(f) the vessel:

(i) is a Category F1 fast craft or Category F2 fast craft; or

(ii) is a landing barge that is of a design or for a use that the National Regulator has determined is likely to adversely affect its stability;

(g) the vessel is a vessel (other than a vessel with a hull made from aluminium or steel) that is at least 15 years old.

National Law – Marine Surveyors Accreditation Guidance Manual 2014 means the National Law – Marine Surveyors Accreditation Guidance Manual 2014 that is published by AMSA.

novel vessel has the same meaning as in NSCV Part B.

Note Section 3.2 of NSCV Part B and the AMSA website at http://www.amsa.gov.au provide information about vessels that are taken to be novel vessels by the National Regulator.

periodic survey has the same meaning as in Part 2 of the National Law – Marine Surveyors Accreditation Guidance Manual 2014.

recognised organisation has the same meaning as in the Navigation Act 2012.

renewal survey has the same meaning as in Part 2 of the National Law – Marine Surveyors Accreditation Guidance Manual 2014.

safety equipment has the same meaning as in:

(a) for a Class 1, 2 or 3 vessel — NSCV Part C7A; and

(b) for a Class 4 vessel — NSCV Part F2; and

sister vessel has the same meaning as in Part 2 of the National Law – Marine Surveyors Accreditation Guidance Manual 2014.

service category has the same meaning as in NSCV Part B.

unpowered barge means a vessel that:

(a) is navigated by a powered vessel that moves it by pushing or towing; and

(b) is not propelled by mechanical means other than a means of propulsion that may assist the vessel to:

(i) maintain a relatively fixed position when the vessel is at a work location; or

(ii) be towed to or from a work location.

unrestricted electrical licence means an electrical licence (however described) issued by a State or Territory that permits a person to perform all electrical work including:

(a) installing electrical wiring; and

(b) repairing electrical equipment.

Note 1 For organisations that have been prescribed for the definition of recognised organisation — see Marine Order 1 (Administration) 2013.

Note 2 Some terms used in this Order are defined in Marine Order 501, including:

Note: approved form

Note: national law

Note: NSCV

Note: USL Code.

Note 3 Other terms used in this Order have the same meaning that they have in the national law, including:

Note: certificate of survey

Note: domestic commercial vessel

Note: foreign vessel.

(2) Unless the contrary intention appears, mention in this Order of any of the following instruments means the instrument existing from time to time:

(a) National Law – Marine Surveyors Accreditation Guidance Manual 2014;

(b) NSCV;

Note These instruments are available from AMSA’s website at http://www.amsa.gov.au.

22 Existing vessel, transitional vessel and new vessel — meaning

(1) For this Order, a domestic commercial vessel is an existing vessel if:

(a) for a vessel that was constructed before 1 July 2013 — it was entitled, or issued with a survey certificate (however described), under an Australian State, Territory or Commonwealth law to operate in connection with a commercial, governmental or research activity for the 2 year period ending on 30 June 2013 and it was not a foreign vessel at any time in that 2 year period; and

(b) for a vessel that was being constructed on 30 June 2013 — it has design approval lodged and approved before 1 July 2013 for use in connection with a commercial, governmental or research activity and, if completed after 30 June 2013, it has been used in connection with a commercial, governmental or research activity in the 2 year period after its completion; and

(c) for a vessel that had not commenced construction before 1 July 2013 — it was being constructed on 30 June 2016 and has design approval that was lodged before 1 July 2013, and subsequently approved, for use in connection with a commercial, governmental or research activity and, if completed after 30 June 2016, it has been used in connection with a commercial, governmental or research activity in the 2 year period after its completion.

(2) However, an existing vessel is taken to be a transitional vessel if:

(a) a change mentioned in Schedule 1 has occurred; or

(b) the vessel has had a certificate of survey that ceased to be in force for a period of at least 2 years.

Note for paragraph (a) Changes mentioned in Schedule 1 include changes to the vessel’s operations, structure, equipment, systems, fittings, or arrangements. Paragraph 11(1)(h) provides that it is a condition on a certificate of survey that the vessel is not to be operated if a change mentioned in Schedule 1 has occurred.

(3) For this Order, a domestic commercial vessel is a new vessel if subsections (1) and (2) do not apply to the vessel.

23 Transitional

(1) This section applies to an application for the issue, variation, suspension or revocation of a certificate of survey made on, or before 30 June 2018, that is not decided before 1 July 2018.

(2) The application is taken to be an application for this Order.

(3) However, the National Regulator may consider the application in accordance with the criteria set out in Marine Order 503 (Certificates of survey — national law) 2017 as if that Order had not been repealed.

Schedule 1 Vessel changes

(paragraphs 7(5)(a), 16(2)(c) and 22(2)(a))

1 There is an upgrade in the service category of the vessel, including the assignment of any additional service category.

Note: Examples

Note: 1 Class 2 vessel to operate as Class 1 vessel.

Note: 2 Class 2C vessel to operate as Class 2B vessel.

Note: 3 Class 2D vessel to operate as Class 3B vessel.

Note: 4 Class 2D vessel to operate as Class 3D vessel.

2 The vessel’s operations are relocated to outside the geographical location restrictions that apply to the vessel’s certificate of survey or certificate of operation.

Note: Example

Note: A vessel has a certificate of survey or certificate of operation that restricts the vessel to operating in Sydney Harbour, but the vessel has relocated to operate in Spencer Gulf.

Note A vessel previously regulated under the State or Northern Territory law may be subject to geographical location restrictions on any certificate of survey or certificate of operation issued under the national law. Examples of vessels previously regulated under the State or Northern Territory law with specific geographical location restrictions include: WA survey exempt vessels, NSW commercially registered vessels, Qld certificate of registration vessels, SA certificate of inspection vessels.

3 The vessel commences the carriage of dangerous goods.

4 The vessel commences overnight operations with overnight accommodation provided.

5 There is an increase in either:

(a) the number of persons on the vessel, or any part of the vessel, that exceed the maximum number permitted; or

(b) the number of passengers permitted on the vessel.

6 Any of the following changes:

(a) installation of berths or extra berths;

(b) increase in propulsion power that invalidates the assumptions and calculations used for structural or stability design approval;

(d) variation to lightship LCG by at least 2%;

(e) increase in windage profile of the vessel;

(f) removing, repositioning, installing or modifying of:

(i) any portion of fixed ballast; or

(ii) lifting equipment; or

(iii) net reels; or

(iv) cranes; or

(v) trawl apparatus; or

(vi) refrigeration equipment; or

(vii) any kind of tank including for fish, fuel or water; or

(viii) towing points.

7 There is a change to the vessel’s structure or watertight integrity including any of the following:

(a) change to vessel dimensions;

(b) alteration of the passageways or means of access to the vessel or its spaces;

8 Other than a like for like replacement of equipment or fittings, there is a change to any of the following for the vessel:

(a) fixed fire system;

(b) stern gear;

(d) electrical power and generators.

Schedule 2 Standards for transitional vessels

(paragraph 7(6)(b))

1 Standards for transitional vessels other than Class 4 vessels and fast craft

For paragraph 7(6)(b), the standards for a vessel (other than a Class 4 vessel or fast craft) are:

(a) for a vessel affected by any change mentioned in clause 1, 2, 3, 4, 5 or 6 of Schedule 1 — the standards mentioned in table 1; and

(b) for a vessel affected by any change mentioned in clause 7 or 8 of Schedule 1 — the standards mentioned in:

(i) subsection 7(3) for the area of the vessel affected by the change and the area of the vessel affected by any previous change mentioned in clause 7 or 8 of Schedule 1; and

(ii) table 1 for the other areas of the vessel not affected by the change, or any previous change, mentioned in clause 7 or 8 of Schedule 1; and

(c) for a vessel that has not had a certificate of survey in force for a period of at least 2 years — the standards mentioned in table 1.

2 Standards for transitional vessel that are Class 4 vessels

For paragraph 7(6)(b), the standards for a transitional vessel that is a Class 4 vessel are the standards mentioned in NSCV Part F2.

3 Standards for transitional vessels that are fast craft

For paragraph 7(6)(b), the standards for a transitional vessel that is a fast craft are:

(a) for safety equipment, communications equipment and navigation equipment — the standards mentioned in NSCV Part F1; and

(b) for other areas of the vessel — the standards mentioned in table 1.

Table 1 Standards applying to transitional vessels

Area of vessel	Standards
Arrangement, accommodation and personal safety	(a) if a change mentioned in clause 1, 5 or 7 of Schedule 1 has occurred — the following:(i) Chapters 1, 3 and 6 of NSCV Part C1;(ii) the USL Code 2008, Section 5 Sub-Section E (other than clauses E.8 to E.11);(iii) the USL Code 2008, Section 6;(iv) for accommodation ladders, gangways and safe means of access — the USL Code 2008, Section 13, Part 3 and Appendix F of Part 4; and(b) NSCV Part C1 if the change results in:(i) new or additional berths installed; or(ii) new types of overnight operations commencing; or(iii) pilot operations commencing; and(c) in any other case — the following:(i) Chapters 1 and 3 of NSCV Part C1;(ii) the USL Code 2008, Section 5 Sub-Section E;(iii) the USL Code 2008, Section 6;(iv) for accommodation ladders, gangways and safe means of access — the USL Code 2008, Section 13, Part 3 and Appendix F of Part 4Note for subparagraph (a)(iv) and (c)(iv) For Appendix F of Part 4 — Marine Order 12 has replaced Marine Orders Part 23.Note If the change is covered by either paragraph (a) or (b), the standard to be met is the standard mentioned in paragraph (b).
Watertight and weathertight integrity	(a) USL Code 1993 or USL Code 2008, Section 5, Sub-Section C, clauses C.42 to C.47, C.49 to C.53, C.54.2, C.55 to C.57, C61.1, C.61.2a, C.61.3, C.61.3a, C.61.4, C.61.5, C.67, C.68, C.69.1 to C.61.6, and C.70 to C.73; and(b) USL Code 1989 or USL Code 2008, Section 5, Sub-section D, clauses D.9 to D.15 and D.18 to D.36; and(c) USL Code 1989 or USL Code 2008, Section 7
Construction	(a) USL Code 1993, USL Code 2008 Section 5, Sub-Sections G to M if:(i) the assumptions or calculations used for the structural design approval have not been invalidated by any increase in displacement, speed or service category; and(ii) the documentation evidencing the design approval mentioned in subparagraph (i) is available for verification; and(b) in any other case — NSCV Part C3 except that vessels ≥35 m may comply with clause 3.2 of NSCV Part C3
Fire safety	(a) if the change results in an increase in passengers permitted on the vessel — NSCV Part C4; and(b) if the change (other than a change mentioned in paragraph (a)) results in the vessel’s fire risk category, determined in accordance with clause 3.1 of NSCV Part C4, remaining unchanged or decreasing — the following:(i) USL Code 1989 or USL Code 2008, Section 5, Sub-Section F and Section 11;(ii) installation of a fixed fire detection and extinguishing system as required by NSCV Part C4; and(c) if the change results in the vessel’s fire risk category, determined in accordance with clause 3.1 of NSCV Part C4, increasing — NSCV Part C4; and(d) if dangerous goods are to be carried —NSCV Part C4 to the extent that it has requirements for the carriage of, and containment spaces for, dangerous goodsNote for paragraphs (a) and (b) To determine if a vessel’s fire risk category has decreased, remains unchanged or increased, the vessel’s fire risk category based on the nature of its operations before and after any change (see Table 2 of clause 3.1 of NSCV Part C4) must be established.
Machinery	(a) the standard mentioned in the vessel’s design approval if:(i) the change does not invalidate the assumptions and calculations used for the design approval; and(ii) the documentation evidencing the design approval is available for verification; and(b) in any other case — NSCV Part C5A or USL Code, Section 9
Electrical	(a) USL Code 1993, Section 9, Part 4; and(b) residual current devices are to be fitted in accordance with AS/NZS 3000 Electrical installations, existing from time to time
LPG appliances	NSCV Part C5C
LPG engines	NSCV Part C5D
Intact stability	(a) for new or additional operations for the vessel — NSCV Part C6; and(b) in any other case — USL Code 2008, Section 8, Sub-Section A, USL Code 1993, Sub-Sections B and C; and(c) the person weight used for calculations under paragraph (b) must be in accordance with NSCV Part C6
Subdivision and damage stability	USL Code 2008, Section 5, Sub-Sections C and D
Safety equipment	NSCV Part C7A (other than Annex I)
Communication equipment	NSCV Part C7B
Navigation equipment	NSCV Part C7C
Anchoring system	(a) if the vessel’s windage profile has changed — NSCV Part C7D; and(b) in any other case — USL Code 1993, Section 13, Appendix H

Schedule 3 Periodic survey for vessels

(paragraph 11(1)(a))

(1) A periodic survey must be completed:

(a) for aspects of the vessel that are constructed to class rules (however described) and surveyed by a recognised organisation — in accordance with the frequency specified in class rules; and

(b) in any other case — in accordance with the survey frequency mentioned in table 1 for the survey frequency category that is specified for the vessel in table 2.

(2) A periodic survey must be completed within the 3 months before, or the 3 months after, the date that corresponds to the expiry date of the certificate of survey in the year when survey is required.

Table 1 Periodic survey schedule

<table cellspacing="0" cellpadding="0" style="width:432.35pt; border-collapse:collapse"><tbody><tr><td style="border-bottom:0.75pt solid #000000; vertical-align:top"></td><td colspan="2" style="width:70.2pt; border-right:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.4pt; vertical-align:top"><p style="margin-bottom:6pt; text-align:justify"><span style="font-family:Arial, sans-serif; font-weight:bold"></span></p></td><td colspan="4" style="width:216pt; border:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="LDTableheading" style="text-align:center"><span>Schedule for periodic survey</span></p></td><td style="width:47.6pt; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.03pt; vertical-align:top"><p class="LDTableheading" style="text-align:center"><span></span></p></td></tr><tr><td colspan="2" style="width:83.4pt; border:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="LDTableheading"><span>Survey frequency category</span></p></td><td style="width:42.15pt; border:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="LDTableheading"><span>Year 0</span></p></td><td style="width:49.65pt; border:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="LDTableheading"><span>Year 1</span></p></td><td style="width:45.9pt; border-top:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.03pt; vertical-align:top"><p class="LDTableheading"><span>Year 2</span></p></td><td style="width:45.9pt; border:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="LDTableheading"><span>Year 3</span></p></td><td style="width:42.15pt; border:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="LDTableheading"><span>Year 4</span></p></td><td style="width:47.6pt; border:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="LDTableheading"><span>Year 5</span></p></td></tr><tr><td colspan="2" style="width:83.4pt; border:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="LDTabletext"><span style="font-family:Arial, sans-serif">High</span></p></td><td rowspan="3" style="width:42.15pt; border:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="LDTabletext"><span style="font-family:Arial, sans-serif">Initial survey</span></p></td><td style="width:49.65pt; border:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="LDTabletext"><span style="font-family:Arial, sans-serif">Periodic</span></p></td><td style="width:45.9pt; border-top:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.03pt; vertical-align:top"><p class="LDTabletext"><span style="font-family:Arial, sans-serif">Periodic</span></p></td><td style="width:45.9pt; border:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="LDTabletext"><span style="font-family:Arial, sans-serif">Periodic</span></p></td><td style="width:42.15pt; border:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="LDTabletext"><span style="font-family:Arial, sans-serif"></span></p></td><td rowspan="3" style="width:47.6pt; border:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="LDTabletext"><span style="font-family:Arial, sans-serif">Renewal survey</span></p></td></tr><tr><td colspan="2" style="width:83.4pt; border:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="LDTabletext"><span style="font-family:Arial, sans-serif">Medium</span></p></td><td style="width:49.65pt; border:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="LDTabletext"><span style="font-family:Arial, sans-serif"></span></p></td><td style="width:45.9pt; border-top:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.03pt; vertical-align:top"><p class="LDTabletext"><span style="font-family:Arial, sans-serif"></span></p></td><td style="width:45.9pt; border:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="LDTabletext"><span style="font-family:Arial, sans-serif">Periodic</span></p></td><td style="width:42.15pt; border:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="LDTabletext"><span style="font-family:Arial, sans-serif"></span></p></td></tr><tr><td colspan="2" style="width:83.4pt; border:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="LDTabletext"><span style="font-family:Arial, sans-serif">Low</span></p></td><td style="width:49.65pt; border:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="LDTabletext"><span style="font-family:Arial, sans-serif"></span></p></td><td style="width:45.9pt; border-top:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.03pt; vertical-align:top"><p class="LDTabletext"><span style="font-family:Arial, sans-serif"></span></p></td><td style="width:45.9pt; border:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="LDTabletext"><span style="font-family:Arial, sans-serif"></span></p></td><td style="width:42.15pt; border:0.75pt solid #000000; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top"><p class="LDTabletext"><span style="font-family:Arial, sans-serif"></span></p></td></tr><tr style="height:0pt"><td style="width:66.15pt"></td><td style="width:28.05pt"></td><td style="width:52.95pt"></td><td style="width:60.45pt"></td><td style="width:56.7pt"></td><td style="width:56.7pt"></td><td style="width:52.95pt"></td><td style="width:58.4pt"></td></tr></tbody></table>

Note 1 The kind of periodic survey (in water, out of water or in and out of water) required is specified in Part 2 of the National Law – Marine Surveyors Accreditation Guidance Manual 2014.

Note 2 Some vessels may be required to undertake an initial survey instead of, or as well as, a renewal survey, where a Schedule 1 change has occurred — see subsection 9(1).

Table 2 Survey frequency categories

Item	Vessel or kind of vessel	Survey frequency category
1	Class 1	High
2	Class 2A with passengers	High
3	Class 2B extended with passengers	High
4	Class 2B with passengers	High
5	Class 2A without passengers	Medium
6	Class 2B extended without passengers	Medium
7	Class 2B without passengers	Medium
8	Class 2C ≥12 m	Medium
9	Class 2C with modifier	Medium
10	Class 2D ≥12 m with passengers	Medium
11	Class 2E ≥12 m with passengers	Medium
12	Class 2D with modifier	Medium
13	Class 2E with modifier	Medium
14	Class 2C <12 m without modifier	Low
15	Class 2D without passengers and without modifier	Low
16	Class 2D <12 m with passengers and without modifier	Low
17	Class 2E without passengers and without modifier	Low
18	Class 2E <12 m with passengers and without modifier	Low
19	Class 2 ferry in chains*	Low
20	Class 2 permanently moored vessel*	Low
21	Class 2 unpowered barge*	Low
22	Class 3A	Medium
23	Class 3B extended	Medium
24	Class 3B	Medium
25	Class 3C ≥12 m	Medium
26	Class 3C with modifier	Medium
27	Class 3D with modifier	Medium
28	Class 3E with modifier	Medium
29	Class 3C <12 m without modifier	Low
30	Class 3D without modifier	Low
31	Class 3E without modifier	Low
32	Class 3 permanently moored vessel*	Low
33	Class 3 unpowered barge*	Low
34	Class 4C ≥12 m	Medium
35	Class 4D ≥12 m	Medium
36	Class 4E ≥12 m	Medium
37	Class 4C with modifier	Medium
38	Class 4D with modifier	Medium
39	Class 4E with modifier	Medium
40	Class 4C <12 m without modifier	Low
41	Class 4D <12 m without modifier	Low
42	Class 4E <12 m without modifier	Low
43	Vessel with steam propulsion*	High
44	Submersible or wing-in-ground effect craft*	High
45	Novel vessel*	High
46	High speed thrill ride vessel*	High

Note 1 The survey frequency category for a kind of vessel indicated with an asterisk (*) is the survey frequency category mentioned in that item, whether or not the table provides that another survey frequency category applies according to vessel service category.

Note 2 A vessel that has a restricted operational area category has the same survey frequency category as a vessel that does not.

Note 3 For the definition of modifier — see section 21.

Notes to Marine Order 503 (Certificates of survey — national law) 2018

Note 1

Note: Marine Order 503 (Certificates of survey — national law) 2018 (in force under subsection 163(1) of the Marine Safety (Domestic Commercial Vessel) National Law) as shown in this compilation comprises Marine Order 503 (Certificates of survey — national law) 2018 amended as indicated in the following tables.

Note: > Note: Table of

Orders

Year and number	Registration date	FRLI number	Commencement date	Application, saving or transitional provisions
Marine Order 503 (Certificates of survey  national law) 2018 (MO 2018/8)	12 June 2018	F2018L00751	1 July 2018	–
Marine Order 503 (Certificates of survey  national law) Amendment Order 2018 (MO 2018/11)	6 December 2018	F2018L01671	1 January 2019	–
Marine Orders Amendment (Marine Order 501—consequential changes) Order 2023 (MO 2023/4)	8 August 2023	F2023L01067	1 September 2023	–

Note: > Note: Table of amendments

<table cellspacing="0" cellpadding="0" style="width:436.05pt; border-collapse:collapse"><tbody><tr><td colspan="2" style="width:425.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmendHead" style="margin-right:0pt"><span>ad. = added or inserted</span><span> </span><span>am. = amended</span><span> </span><span>rep. = repealed</span><span> </span><span>rs. = repealed and substituted</span></p></td></tr><tr><td style="width:78.6pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableColHead"><span>Provision affected</span></p></td><td style="width:335.85pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableColHead"><span>How affected</span></p></td></tr><tr><td style="width:78.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span>s.1A</span></p></td><td style="width:335.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>rep. </span><span style="font-style:italic">Legislation Act 2003, </span><span>s. 48D</span></p></td></tr><tr><td style="width:78.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span>s.1B</span></p></td><td style="width:335.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>rep. </span><span style="font-style:italic">Legislation Act 2003, </span><span>s. 48C</span></p></td></tr><tr><td style="width:78.6pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span>s.7</span><span style="width:101.39pt; font-family:'Lucida Console', monospace; display:inline-block">..................</span></p></td><td style="width:335.85pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt"><span>am. 2018/11</span></p></td></tr><tr><td style="width:78.6pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-left:0pt; text-indent:0pt"><span>s.21</span><span style="width:96.39pt; font-family:'Lucida Console', monospace; display:inline-block">.................</span></p></td><td style="width:335.85pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableOfAmend" style="margin-right:0pt; margin-bottom:3pt"><span>am. 2018/11; am. 2023/4</span></p></td></tr></tbody></table>

1 Marine Order 503 (Certificates of survey — national law) 2018

Marine Order 503 (Certificates of survey — national law) 2018

made under the Marine Safety (Domestic Commercial Vessel) National Law

Compilation no. 2

Compilation date: 1 September 2023

This compilation was prepared on 26 October 2023 taking into account amendments up to Marine Orders Amendment (Marine Order 501 — consequential changes) Order 2023.

Prepared by the Australian Maritime Safety Authority

Division 1 Preliminary

1 Name of Order

2 Determinations

3 Approvals

Division 2 Requirements for certificates of survey

4 Application for certificate

5 Survey standards

6 Persons conducting surveys

7 Vessel and equipment standards — vessels not surveyed by recognised organisation

8 Vessel and equipment standards — vessels surveyed by recognised organisation

9 Issue of certificate

10 Renewal of certificate

11 Conditions on certificate

12 Duration of certificate

Division 3 Variation, suspension and revocation of certificates of survey

13 Application for variation, suspension or revocation of certificate

14 Criteria for variation of certificate

15 Suspension of certificate

16 Criteria for revocation of certificate

Division 4 Equivalent means of compliance

17 Approval of equivalent means of compliance

18 Application for equivalent means of compliance

19 Revocation of equivalent means of compliance

20 Duration of equivalent means of compliance

Division 5 Definitions and transitional

21 Definitions and interpretation

22 Existing vessel, transitional vessel and new vessel — meaning

The Order structures certification around a set of recurring regulatory concepts: the role of the National Regulator and recognised organisations, survey types and standards, vessel categories (new, existing, transitional), certificate lifecycle (issue, renewal, variation, suspension, revocation), equivalent means of compliance, and periodic surveillance.

Role and decision-makers. The National Regulator holds primary decision power: it issues and renews certificates (s 9, s 10), may impose conditions (s 11), may approve equivalents (s 17) and may initiate variation, suspension or revocation (ss 14-16). Recognised organisations and accredited marine surveyors perform technical surveys subject to accreditation and Guidance Manual standards (ss 5-6). The instrument repeatedly cross-refers to Marine Order 501 for application forms, administrative requirements and review processes (see ss 2-4, 13, 18 and notes).

Survey types and standards. Three survey types are central: initial survey, periodic survey and renewal survey (s 5(2); defined by the Guidance Manual per s 21). Survey standards are split depending on whether a vessel is surveyed by a recognised organisation. For vessels not surveyed by a recognised organisation, the Order prescribes standards from NSCV (National Standard for Commercial Vessels), the USL Code, and other international instruments depending on vessel status (s 7). For vessels surveyed by a recognised organisation, class rules govern construction, machinery, anchoring and electrical installations, while other areas follow the standards that apply to non-classed vessels (s 8).

Vessel classification and lifecycle. The Order defines existing, transitional and new vessels (s 22). Existing vessels generally retain standards that applied on 30 June 2013 or at the time of design approval (s 7(2)). Transitional vessels may elect to meet either current new-vessel standards or the transitional standards set out in Schedule 2 (s 7(6); Schedule 2). New vessels must meet current NSCV, selected USL Code provisions, or Load Line convention standards as applicable (s 7(3)-(5)).

Certificates and conditions. The Order articulates criteria for issuing a certificate, including completion of initial or renewal surveys and compliance with certain international certificates for larger vessels (s 9). A certificate carries mandatory conditions unless an equivalent means of compliance is in effect (s 11). Key operational constraints are explicitly recorded: a vessel must not be operated if a change listed in Schedule 1 has occurred until a new certificate is issued (s 11(1)(h)) and owners must notify the Regulator of transfers or scrapping within 14 days (s 11(1)(i)-(j)).

Equivalent means of compliance. The Order permits regulatory flexibility by allowing the National Regulator to approve equivalent means of compliance where they are at least as effective as the standard they replace (s 17). Applications must include a statement and documentary evidence showing equivalence (s 18). Approvals may carry conditions and are revocable (ss 17(3), 19).

Surveillance rhythm. Survey frequency is set by Schedule 3. Where class rules apply, that class’s periodicity applies (Schedule 3(1)(a)). Otherwise, vessels fall into high, medium or low survey frequency categories with specified years for periodic and renewal surveys (Schedule 3, Tables 1-2). Periodic surveys must be completed within three months before or after the certificate expiry date in the year when the survey is required (Schedule 3(2)).

Owners and operators. The Order places most ongoing obligations on vessel owners. Owners must apply for certificates in the approved form and pay prescribed fees (s 4(1); notes to s 9 and s 10(1)(a)). If a certificate is held, owners must ensure periodic surveys are completed per Schedule 3, rectify defects identified in any survey, provide post-survey reports to the National Regulator, keep certificates of currency for equipment current, notify transfers and scrapping within 14 days, and notify the Regulator of any changes made after 1 July 2018 (s 11(1)(a)-(j)). Owners are prohibited from operating a vessel if a Schedule 1 change has occurred until the Regulator issues a new certificate (s 11(1)(h)). These duties create recurring compliance costs and administrative interactions with the Regulator.

Surveyors and recognised organisations. Accredited marine surveyors, recognised organisations and the National Regulator themselves are the persons authorised to conduct surveys (s 6(1)). Survey work must be done in accordance with the National Law - Marine Surveyors Accreditation Guidance Manual 2014 (s 5(2)). Certain elements , aspects built to class rules , must be surveyed by a recognised organisation (s 6(2) note). Electrical survey requirements differ by purpose; non-plan electrical surveys must be carried out by persons holding an unrestricted electrical licence or an accredited marine surveyor accredited for electrical surveys (s 6(3)). These provisions affect surveyors’ scope of work and create credentialing and liability exposure.

Buyers, sellers and transferees. The Order requires the transferor to notify the National Regulator within 14 days of transfer of ownership detailing the date and the transferee’s name and address (s 11(1)(i)). A certificate may be varied, suspended or revoked on application by the owner or on the Regulator’s initiative if a change in ownership or in accuracy of certificate information occurs (ss 13-16). Buyers therefore inherit duties and must ensure the vessel’s certificate and survey history meet the applicable standards to maintain operations.

Engineers, electricians and equipment suppliers. The Order interacts with technical professions. For example, non-plan electrical surveys must be undertaken by a person holding an unrestricted electrical licence (s 6(3)(b)(i)), and engines over a propulsion power threshold may require an EIAPP certificate issued under MARPOL Annex VI (s 9(2)(c)). Equipment suppliers and engineers are therefore implicated where their products or installations affect certification.

Regulator and administrative staff. The National Regulator (AMSA) administers applications, determinations and approvals and may impose conditions or suspend/revoke certificates (ss 2-3, 9-16, 17). Administrative processes reference Marine Order 501 for application forms and review pathways (s 4(2); s 13; s 18(3); s 17(4)). The Regulator decides on equivalent means of compliance and may attach conditions or revoke approvals (ss 17-20). These roles generate workload for AMSA and require procedural capacity, technical assessment capability and record-keeping.

Passengers and crew. Operational limits set on certificates , maximum persons permitted and safety equipment standards (s 11(1)(e), s 7(2)(b)-(c), s 8) , ultimately affect passengers and crew by determining permissible carrying capacities, safety equipment required, and stability and fire-safety standards the vessel must meet. Changes that increase passenger numbers or commence overnight operations trigger more stringent standards and surveys (Schedule 1, Schedule 2).

State and Territory agencies. Existing vessels are defined by reference to entitlements or approvals under State or Territory law as at 30 June 2013 (s 22(1)). The Order therefore interacts with certificates and approvals previously issued under State/Territory regimes. Vessels previously regulated by a State or Territory may carry geographical restrictions forward, and Schedule 1 includes relocation of operations outside those geographical restrictions as a change that requires action (Schedule 1 cl 2).

Owners’ duties. Owners carry the primary day-to-day compliance obligations under the Order. Key duties include making applications in the approved form and paying prescribed fees (s 4(1); s 10(1)(a)), ensuring the vessel completes initial, periodic and renewal surveys as prescribed (s 5(2); s 9(1); s 11(1)(a)), rectifying defects identified in surveys (s 11(1)(b)), providing post-survey reports to the National Regulator (s 11(1)(c)), keeping certificates of currency for equipment current (s 11(1)(d)), and notifying the Regulator of ownership transfers, scrapping, address changes and inaccuracies within 14 days (s 11(1)(i)-(j)). Owners must not operate the vessel where a Schedule 1 change has occurred until a new certificate is issued (s 11(1)(h)). These duties create recurring transaction and compliance costs, and non-compliance is an offence under the national law (note to s 11(1)).

Surveyor duties and accreditation. Persons conducting surveys must be the National Regulator, an accredited marine surveyor accredited for the relevant survey category, or a recognised organisation (s 6(1)). Surveyors must perform surveys in accordance with Part 2 of the National Law - Marine Surveyors Accreditation Guidance Manual 2014 (s 5(2)). For electrical work, non-plan electrical surveys require either an unrestricted electrical licence or accreditation for electrical surveys (s 6(3)). Surveyors therefore must meet accreditation and licensing requirements and adhere to the Guidance Manual.

National Regulator discretions and duties. The National Regulator may make determinations and approvals referred to in the Guidance Manual and may do so subject to conditions (ss 2-3). It must be satisfied that a vessel meets applicable standards before issuing a certificate (s 9(2)); must be satisfied equivalents are at least as effective before approving them (s 17(2)); may impose conditions on approvals (s 17(3)); and may revoke equivalents (s 19(1)). The Regulator may vary, suspend or revoke certificates under set criteria (ss 14-16). Certain mandatory procedural steps from the national law apply to suspensions (note to s 15(2): must give show-cause notice under para 72(2)(a) of the national law). These discretions create administrative decision points and room for regulatory tailoring via conditions.

Rights to apply and to seek review. Owners and other persons have active rights under the Order. A person may apply for determinations or approvals specified in the Guidance Manual to be made by the National Regulator (ss 2-3). An owner may apply for variation, suspension or revocation of a certificate (s 13). Applicants also have rights to request approval of equivalent means of compliance (s 17(1)(a); s 18). Decisions to refuse to approve an equivalent means of compliance and decisions to revoke an equivalent means are expressly reviewable for sections 16 and 17 of Marine Order 501 (s 17(4); s 19(2)). A decision to refuse to renew a certificate is also reviewable (s 10(2)). The Order therefore embeds administrative-review rights via cross-reference to Marine Order 501.

Specific technical duties. The Order sets technical requirements that impose discrete duties: vessels ≥35 metres must be surveyed by a recognised organisation unless they meet an exception (s 6(2)); new vessels meeting particular size thresholds must meet MARPOL Annex I construction and equipment standards (s 9(2)(b)); engines with propulsion >130 kW fitted after 30 June 2018 must have an EIAPP certificate (s 9(2)(c)); where Marine Order 507 applies, a load line certificate or evidence that one will be obtained is required (s 9(2)(d)). These duties link to international conventions and other Marine Orders.

Compliance conditions and consequences. Certificates are subject to a set of mandatory conditions unless replaced by an equivalent means of compliance (s 11(1)-(2)). Those conditions include completing periodic surveys per Schedule 3, rectifying defects, and notification obligations. Breach of a condition is an offence under sections 45 and 46 of the national law, cited in the note to s 11(1). Suspension and revocation criteria and periods are specified, and a suspended certificate does not extend its duration (s 15(3); note 3 to s 15).

Offences referenced. Marine Order 503 does not itself contain a schedule of fines or criminal penalties. However, it expressly cross-refers to offences in other instruments. It warns that giving false or misleading information in an application is an offence under the Commonwealth Criminal Code (note to s 4(1): Criminal Code s 136.1). It also notes that breaching a condition of a certificate of survey is an offence under sections 45 and 46 of the Marine Safety (Domestic Commercial Vessel) National Law (note to s 11(1)). Those references import the national-law penalty regime and criminal liability into the practical operation of this Order.

Administrative enforcement powers. The Order gives the National Regulator administrative enforcement mechanisms: variation, suspension and revocation of certificates are expressly provided for (Div 3, ss 13-16). Criteria for suspension on the Regulator’s initiative include ensuring unpaid fees are recovered, necessary repairs are made, the vessel meets applicable standards, and ensuring the vessel is not operated contrary to detention, direction, improvement or prohibition notices (s 15(2A)). The Regulator may suspend on application or on its initiative; suspension periods differ depending on the basis: up to 18 months for suspensions on application and up to 6 months for Regulator-initiated suspensions (s 15(3)). A suspension does not extend the duration of the certificate (note to s 15(3)). Revocation criteria include necessity for marine safety or environmental protection, certificate issued in error, or Schedule 1 change since issuance (s 16(2)).

Procedural safeguards and review. The Order creates internal review rights by cross-reference. A decision to refuse to renew a certificate is a reviewable decision for sections 16 and 17 of Marine Order 501 (s 10(2)). Decisions to refuse to approve an equivalent means of compliance and decisions to revoke an equivalent means are reviewable under the same Marine Order 501 provisions (s 17(4); s 19(2)). The Order also notes minimum procedural steps before suspension under national law paragraph 72(2)(a), requiring a show-cause notice inviting the holder to explain why the certificate should not be suspended (note to s 15(2)). These references bring administrative law protections, as framed in Marine Order 501 and the national law, into enforcement processes.

Operational consequences. Operating a vessel without a valid certificate, or operating after a Schedule 1 change without obtaining a new certificate, is prohibited (s 11(1)(h); note to s 10). Certificates that expire are no longer in force and the vessel must not be operated until renewed (note to s 10(2)). The Order ties enforcement outcomes to tangible operational consequences: suspension or revocation will prevent lawful operation, requiring surveys, rectification and/or payment of fees to restore lawful status.

Interaction with international instruments. Certain enforcement triggers relate to international standards: larger new vessels must meet MARPOL Annex I construction and equipment standards (s 9(2)(b)), engines with specified power must have EIAPP certificates under MARPOL Annex VI (s 9(2)(c)), and where Marine Order 507 applies the vessel must hold a load line certificate (s 9(2)(d)). Failure to hold required international certificates will be a barrier to issuance or renewal.

Costs and collection. The Order makes multiple references to prescribed fees as prerequisites for applications and as a factor in suspension/revocation criteria (notes to ss 9 and 10; s 15(1)-(3); s 16(1)). Owners face the direct cost of fees and indirect costs from survey work, rectification of defects and potential downtime resulting from suspension. The Regulator has an enforcement lever in withholding or suspending certificates until fees are paid.

Cross-references to Marine Order 501. Marine Order 503 intentionally delegates administrative formality and review processes to Marine Order 501. Applications for determinations and approvals under the Guidance Manual must be made in accordance with Marine Order 501 (ss 2-3). Section 4(1) requires applications for certificates of survey to be made in accordance with section 9 of Marine Order 501. Division 3 and the process for equivalent means of compliance also invoke Marine Order 501 (s 18(3); s 17(4); s 19(2)). Additionally, decisions under this Order identified as reviewable are referred to sections 16 and 17 of Marine Order 501 (for example s 10(2), s 17(4), s 19(2)). Practically, Marine Order 501 provides the administrative mechanics and internal-review framework supporting the substantive outcomes of MO 503.

Integration with the National Law - Guidance Manual. Survey standards and survey-type definitions are taken from the National Law - Marine Surveyors Accreditation Guidance Manual 2014 (s 5(2); s 21 definitions). The Order requires surveys to be conducted in accordance with Part 2 of that Guidance Manual and refers to it for periodic-survey kind and timing (s 5(2); Schedule 3 note 1). Applications for determinations and approvals mentioned in the Guidance Manual are to be made under Marine Order 501 with the National Regulator specified for some determinations (ss 2-3). The Guidance Manual thus supplies the technical methodology while MO 503 sets the statutory requirements.

NSCV and USL Code. The Order prescribes substantive safety standards by invoking the NSCV (National Standard for Commercial Vessels) and specific provisions of the Uniform Shipping Laws Code (USL Code) for new and transitional vessels (s 7(3); Schedule 2). The Order also notes that meeting deemed-to-satisfy solutions in the NSCV is taken to meet required outcomes (s 7(3) note 2). For transitional vessels, Schedule 2 maps which parts of NSCV and which USL Code provisions apply to specific vessel areas and types of change.

International conventions and other Marine Orders. MO 503 interoperates with international instruments and other Marine Orders. For certain new vessels the Order requires compliance with Annex I of MARPOL (s 9(2)(b)); engines fitted after 30 June 2018 with propulsion >130 kW must have an EIAPP certificate under MARPOL Annex VI (s 9(2)(c)); and vessels to which Marine Order 507 applies must have a load line certificate (s 9(2)(d)). The Order also links to Marine Order 1 for the definition of recognised organisations (s 21 note 1). These cross-references mean compliance with MO 503 may necessitate parallel compliance with international certificates and other domestic Marine Orders.

Criminal Code and national-law offences. The Order imports criminal and civil consequences by cross-reference. The note to s 4(1) states that giving false or misleading information in an application is an offence under s 136.1 of the Criminal Code. The note to s 11(1) refers to sections 45 and 46 of the national law for offences in relation to breaching conditions of a certificate of survey. Procedural protections for suspension are likewise referenced to the national law (note to s 15 referencing para 72(2)(a)). Thus MO 503 operates in a legal ecosystem where compliance obligations can attract criminal and administrative sanctions found in other instruments.

State and Territory histories. The definition of existing vessels draws on State and Territory approvals in force on 30 June 2013 (s 22(1)). Schedule 1 acknowledges that vessels previously regulated by State or Territory law may have geographical restrictions carried forward (Schedule 1 cl 2 note). That recognition creates an interface between pre-existing State/Territory statutory regimes and the national regime established under the National Law.

Regulatory standards instruments deemed variable. Section 21(2) states that references to the Guidance Manual, the NSCV and the USL Code mean those instruments as they exist from time to time. The Order therefore builds in a mechanism for standards to change over time without amendment to the Marine Order itself, but only to the extent those instruments are updated externally.

The compilation notes attached to the Order list its principal legislative history and recent amendments. The original Marine Order 503 (MO 2018/8) was registered 12 June 2018 and came into force on 1 July 2018 (Compilation table). An Amendment Order 2018 (MO 2018/11) registered 6 December 2018 commenced 1 January 2019 and made changes including amendments to section 7 and section 21 (Table of amendments indicates s 7 amended 2018/11 and s 21 amended 2018/11). A subsequent amendment recorded in the compilation , Marine Orders Amendment (Marine Order 501,consequential changes) Order 2023 (MO 2023/4) , was registered 8 August 2023 and commenced on 1 September 2023; the table records that s 21 was also amended by MO 2023/4 (Compilation table and Table of amendments).

The compilation further notes two repeals under the Legislation Act 2003 affecting s 1A and s 1B, but those provisions are not present in the current text of the Order as compiled (Table of amendments: s 1A rep., s 1B rep.). The compilation records that s 7 and s 21 were the specific provisions amended by the 2018 and 2023 amendment instruments respectively (Table of amendments). The compilation date shown is 1 September 2023, and the compilation was prepared on 26 October 2023 taking into account amendments up to MO 2023/4 (front matter).

The Order includes notes that indicate certain standards evolve over time because they are stated to be those instruments "existing from time to time" (s 21(2)). This means updates to the National Law - Marine Surveyors Accreditation Guidance Manual 2014, the NSCV, or the USL Code can change the practical standards applying under MO 503 without a change to the Marine Order text, subject to how those external instruments are revised.

The Schedule of amendments at the end of the compilation lists the orders that altered MO 503 and the specific provisions affected. The practical effect of those amendments (for example the specific textual changes to s 7 or to definitions in s 21) is recorded only in the amendment table. Where the Order cross-references external documents, later updates to those documents will also alter practical application as anticipated by s 21(2).

The text of Marine Order 503 as provided contains no account of judicial decisions, administrative appeals, or other litigation concerning its provisions. The Order itself does, however, embed review pathways and administrative appeal mechanisms by cross-reference to Marine Order 501. Specific final-decision review rights are noted in the Order: a decision to refuse to renew a certificate of survey is a reviewable decision for sections 16 and 17 of Marine Order 501 (s 10(2)); a decision to refuse to approve an equivalent means of compliance is reviewable for the same sections (s 17(4)); and a decision to revoke an equivalent means of compliance is also reviewable (s 19(2)). The Order therefore anticipates administrative review at the level and in the manner set out in Marine Order 501.

Procedural safeguards laid down in the national law are referenced. For example, before suspending a certificate under national law subsection 41(2A) the National Regulator must give the certificate holder notice inviting the holder to show cause why the certificate should not be suspended, within a reasonable period (note to s 15(2); cross-ref para 72(2)(a) of the national law). That procedural requirement provides an administrative-law route for contesting suspensions in the first instance.

Because the Order cites offences under the national law and the Criminal Code as potential legal consequences for non-compliance (note to s 4(1): Criminal Code s 136.1; note to s 11(1): national law ss 45-46), prosecutions or penalty proceedings under those statutes are a possible enforcement pathway. Any litigation arising from enforcement action would therefore be conducted under the national law or Criminal Code provisions engaged, rather than under MO 503 as a stand-alone source of penalties.

In the absence of cases named or decisions summarised in the text, readers should treat the Order as setting the regulatory framework and refer to Marine Order 501 and the national law for the exact review and appeal mechanisms. Any litigation history, administrative determinations or case law applying MO 503 would need to be sourced from judicial and tribunal records or the Regulator’s published decisions; the Order does not itself record such materials.

Operation prohibited after Schedule 1 change. One of the clearest operational traps is that an owner must not operate a vessel if a change listed in Schedule 1 has occurred until a new certificate of survey is issued (s 11(1)(h)). Schedule 1 lists a broad set of changes (cl 1-8) including upgrades in service category, relocation outside existing geographical restrictions, commencement of carriage of dangerous goods, commencement of overnight operations, increases in persons or passengers, structural or substantial system modifications, dimensional changes, and non-like-for-like replacements of critical systems. Failure to obtain a new certificate before operating exposes the owner to offence risk under the national law (note to s 11(1)) and creates immediate operational downtime risk.

Initial versus renewal survey triggers. The Order differentiates when an initial survey is required rather than a renewal survey (s 9(1)). Certain Schedule 1 changes require initial surveys for all affected areas (for example changes in cl 1, 2, 6(b) or 7) or initial surveys for the affected areas plus renewal survey for the rest (cl 3, 4, 5, 6(a),(e),(f)). Owners and surveyors must parse Schedule 1 to determine the appropriate survey type and timing; undertaking only a renewal where an initial survey is required will leave a certificate application vulnerable to refusal under s 9(1).

Vessel-size thresholds and recognised-organisation requirement. Vessels at least 35 metres must be surveyed by a recognised organisation in accordance with specified Guidance Manual chapters unless they were existing/transitional vessels where earlier survey arrangements permitted otherwise (s 6(2)). Building to class rules also imposes a requirement that class-built aspects must be surveyed by a recognised organisation (s 6(2) note). Owners of larger vessels need to budget for recognised-organisation survey costs and potential availability constraints.

Electrical surveys and licensing. For electrical surveys other than plan approval, the person conducting the survey must hold an unrestricted electrical licence or be an accredited marine surveyor accredited for electrical surveys (s 6(3)(b)). This is a discrete licensing trap if work on electrical systems is contracted to personnel lacking unrestricted licences. It is also notable that for plan approval any of the survey persons may conduct the electrical survey (s 6(3)(a)), but this flexibility does not extend to later electrical surveys.

Equivalent means evidence burden. Approvals of equivalent means require an applicant to demonstrate that the alternative is "at least as effective as any part of the standards that it replaces" (s 17(2)). The supporting application must include a statement explaining equivalence and at least one supporting document such as an accredited surveyor’s report, NATA testing results, or a mill test report (s 18(2)-(3)). Applicants should prepare technical dossiers; informal or conceptual proposals are unlikely to satisfy s 18(2)(b).

Survey periodicity and timing window. Schedule 3 requires periodic surveys to be completed within three months before or after a date corresponding to the certificate expiry in the year when the survey is required (Schedule 3(2)). The three-month window is tight for vessels operating continuous schedules; planning is required to avoid missing the window and thus invalidating renewal prospects. Where class rules apply, those rules may dictate a different periodicity (Schedule 3(1)(a)).

Certificate duration and expiry consequences. If a certificate does not specify an expiry date, it ceases five years after coming into force (s 12). A vessel whose certificate has expired must not be operated until renewal, and an application made two years or more after expiry is treated as a new application (s 10(1)(b) note). Owners who lapse more than two years risk having to satisfy initial-survey requirements again.

Fees and suspension. Fees are repeatedly referenced: prescribed fees must accompany applications, and unpaid fees are a legitimate basis for Regulator-initiated suspension (s 15(2A)(a); notes to s 9 and s 10). The oddity that the criterion for the Regulator to suspend on application is that "any fees relating to the certificate have been paid" (s 15(1)) should be read carefully: the text creates different suspension mechanics on application versus Regulator initiative (s 15(3)). Owners seeking administrative suspension should confirm the intended meaning with the Regulator’s administrative guidance.

Interplay with international instruments. For certain vessels, international certificates are prerequisites. A new vessel ≥35 m and at least 400 GT that had not been issued a certificate before 1 July 2018 must meet Annex I of MARPOL (s 9(2)(b)). Engines fitted after 30 June 2018 with propulsion >130 kW must have EIAPP certificates per MARPOL Annex VI (s 9(2)(c)). Where Marine Order 507 applies, a load line certificate or assurance that one will be obtained is required (s 9(2)(d)). Owners of vessels near these thresholds must anticipate additional survey and certification processes under international regimes.

Transitional standards complexity. Schedule 2 contains a detailed matrix of which NSCV and USL Code provisions apply depending on the type of Schedule 1 change and vessel class, with different parts applying to particular areas (Schedule 2 table). The mapping is detailed and can be counterintuitive; owners and surveyors must map the exact change to the correct line in Schedule 2 to determine applicable standards. That technical complexity is a practical compliance risk.

Make applications in the approved form and budget fees. All applications under the Order must be made in accordance with Marine Order 501 and be accompanied by any prescribed fee (s 4(1); s 10(1)(a); note to s 9). Start by obtaining the approved form in Marine Order 501, confirm the prescribed fee, and budget for survey and rectification costs that will follow the survey outcome.

Engage the correct surveyor and follow the Guidance Manual. Determine whether the vessel must be surveyed by a recognised organisation (vessels ≥35 m or where class rules apply) or whether an accredited marine surveyor or the National Regulator can perform the survey (s 6(1)-(2); s 8(1)). All initial, periodic and renewal surveys must comply with Part 2 of the National Law - Marine Surveyors Accreditation Guidance Manual 2014 (s 5(2)). For electrical surveys, ensure the person has the requisite unrestricted electrical licence or accreditation for electrical surveys where plan-approval exceptions do not apply (s 6(3)).

Assess which standards apply: new, existing or transitional. Classify the vessel as existing, transitional or new per s 22. For existing vessels, confirm which standards applied on 30 June 2013 or at design approval (s 7(2)). For new vessels, prepare to meet NSCV and relevant USL Code sections and, if applicable, Load Line rules (s 7(3)-(4)). Where a Schedule 1 change has occurred, carefully map that change against Schedule 2 to determine transitional standards (s 7(6); Schedule 2). Seek early technical advice to reduce the risk of an incorrect survey scope.

Plan surveys and periodic surveillance. Review the vessel’s survey frequency category from Schedule 3, Table 2, and schedule periodic surveys within the permitted three-month window around the certificate expiry date (Schedule 3(1)-(2)). For classed elements, coordinate with the recognised organisation’s class survey timetable (Schedule 3(1)(a)). Keep documentary evidence of survey completion and post-survey condition reports for submission to the National Regulator (s 11(1)(c)).

Address Schedule 1 changes proactively. If an owner proposes a change listed in Schedule 1 , for example increasing passenger numbers, commencing carriage of dangerous goods, or structural modifications , treat the change as a trigger for an initial survey or renewal survey depending on the specific clause (Schedule 1; s 9(1)). Do not operate the vessel following such a change until a new certificate is issued (s 11(1)(h)). Notify the National Regulator as required and lodge an application for variation or a new certificate well in advance of intended operations (ss 13-14).

Prepare equivalents dossiers where appropriate. If you intend to rely on an equivalent means of compliance instead of prescriptive standards, prepare a comprehensive application per s 18(2). The application must identify the standards being replaced, include a statement explaining how the alternative is at least as effective, and attach supporting documents such as an accredited marine surveyor’s report or NATA testing results (s 18(2)(a)-(c)). Anticipate that the National Regulator may impose conditions on any approval and that approvals are revocable (ss 17(3); 19(1)).

Keep equipment certificates current and maintain records. Ensure certificates of currency for safety and communications equipment are current and retained as required (s 11(1)(d)). Keep records of surveys, test results, mill test reports, and any documentation demonstrating compliance with NSCV or USL Code requirements, as these may be required when renewing or varying a certificate or when applying for an equivalent means of compliance (s 18(2)).

Observe notification obligations. Owners must notify the National Regulator within 14 days of transfer of ownership, change of address, or sinking/scrapping, and must notify if certificate information becomes inaccurate (s 11(1)(i)-(j)). Failure to do so risks administrative action and complicates future dealings with certificates.

Manage fees and avoid suspension. Pay prescribed fees promptly. Unpaid fees are a ground for Regulator-initiated suspension and owners face operational interruption if certificates are suspended (s 15(2A)(a)). If suspension on application is desirable, confirm the fee-payment criteria applicable under s 15(1) and the intended suspension period.

Understand review rights. If the Regulator refuses to renew a certificate, refuses an equivalent means of compliance, or revokes an equivalent means of compliance, the decision is reviewable under sections 16 and 17 of Marine Order 501 (s 10(2); s 17(4); s 19(2)). Seek procedural and legal advice early where an adverse decision is probable.

Coordinate international certificate requirements. Vessels meeting certain size and tonnage thresholds must hold additional international certificates: Annex I MARPOL for some new vessels (s 9(2)(b)), EIAPP for engines fitted after 30 June 2018 with propulsion >130 kW (s 9(2)(c)), and load line certificates where Marine Order 507 applies (s 9(2)(d)). Engage classification societies or recognised organisations early to manage those international certification pathways alongside domestic survey requirements.

Document technical assumptions and design approvals. Where standards are to remain those under a prior design approval, ensure documentation evidencing the design approval is available for verification (Schedule 2 Table 1 under multiple headings: e.g., Construction cl (a)(ii), Machinery cl (a)(ii)). Maintaining verifiable design documentation simplifies verification and avoids re-survey or redesign demands.

Use the Guidance Manual and seek AMSA guidance. Because many technical definitions, survey kinds and procedural details are in the National Law - Marine Surveyors Accreditation Guidance Manual 2014 and in Marine Order 501, consult those instruments and the Australian Maritime Safety Authority (AMSA) guidance early in project planning to align survey timing, scope and documentation with the standards MO 503 requires (s 5(2); s 18(3); s 21 notes).

Marine Order 503 (Certificates of survey — national law) 2018

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Marine Order 503 (Certificates of survey — national law) 2018

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1 Marine Order 503 (Certificates of survey — national law) 2018

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