Marine Orders - Part 30: Prevention of collisions, Issue 8

The primary concepts in the text are incorporation of international rules, administrative control and approval of equipment and installations, mandatory observance of navigation measures, and review and enforcement processes.

Incorporation of international rules: the instrument defines "the International Regulations" as the Rules and Annexes constituting COLREGs, "as amended and in force for Australia", and states that a copy of the English text is set out in the Appendix (s 2; s 3(b)). It also directs that traffic separation schemes in the IMO’s Ship’s Routeing publication are to be taken as the IMO‑adopted schemes for COLREGs purposes and that areas designated as inshore traffic zones in that publication are taken to be inshore traffic zones (s 7.4-7.5). The instrument additionally draws attention to particular IMO materials for guidance (definition note referencing MSC.Circ.1260 and Corr 1).

Administrative control and approvals: the Manager, Ship Inspections, or an AMSA‑approved survey authority is empowered to assess and approve the construction and installation of navigation lights, shapes and sound signal appliances (s 6.1.1-6.1.2). Approvals are evidenced by a Certificate of Approval which can be issued, renewed, or revoked by those decision‑makers (s 6.2.1-6.2.3). Survey authorities must be approved in writing by AMSA (s 2 definition).

Mandatory observance: the Part requires that the measures in the International Regulations for navigation, management and working of a ship for prevention of collisions be observed (s 7.1). It requires lights and signals required by the International Regulations to be provided and used on a ship (s 7.2). For equipment installed on or after 1 December 2009, it mandates conformity to a specific performance standard (the Annex to IMO Resolution MSC.253(83)) (s 7.3).

Review and enforcement concepts: decisions of the Manager, Ship Inspections, are subject to internal review by the Deputy CEO within set timeframes and on specified procedures (s 5.1). The Deputy CEO may affirm the original decision or make any decision that could have been made by the Manager (s 5.1.3). External review by the Administrative Appeals Tribunal is available (s 5.2.1-5.2.2). The instrument records criminal penalties for non‑compliance with the measures (note to s 7.1), and provides for the Manager to make determinations under Rule 1(e) of the International Regulations (s 7.6).

Interpretative points: the instrument stipulates that headings and the Appendix are part of the Part while notes are not part of it (s 3(a)-(c)). That means the Appendix’s English text is legally incorporated, whereas explanatory Notes in the text are guidance only. The Manager’s power to make determinations under Rule 1(e) is retained (s 7.6), and AMSA’s legislative powers under the Navigation Act are recorded (s 1.2.1-1.2.4), indicating the hierarchy of domestic authority underpinning these measures.

The Part applies to "a ship to which Division 11 of Part IV of the Navigation Act applies" (s 4). The source does not reproduce Division 11, so the instrument confines its application to the subset of Australian‑registered ships or circumstances defined in that external provision. The declared obligations and potential offences are expressed in terms referring to persons concerned with navigation, management or working of a ship, and to ships themselves.

Primary affected actors identified in the text:

• masters, mates and other persons concerned with the navigation, management or working of a ship, who are expressly referenced as criminally liable if they fail to comply with measures required by this Part (note to s 7.1);
• corporations (shipowners, operators, employers) which may be subject to corporate penalties for non‑compliance (note to s 7.1);
• Australian‑registered ships and their owners/operators, who must provide and use the lights and signals required by the International Regulations and ensure installations meet prescribed performance standards (s 7.1-7.3);
• the Manager, Ship Inspections, as the operational AMSA official responsible for approving construction and installations, issuing and revoking Certificates of Approval and making determinations under Rule 1(e) (definitions; s 6.1-6.2; s 7.6);
• survey authorities approved in writing by AMSA, who may exercise the same approval powers as the Manager for the matters in s 6.1 and may issue, renew and revoke Certificates of Approval (definitions; s 6.1-6.2);
• AMSA executive roles: the Deputy CEO, Maritime Operations, who conducts internal reviews of Manager decisions (s 2; s 5.1); and AMSA generally, which is empowered to make orders under the Navigation Act (s 1.2.4);
• the Administrative Appeals Tribunal and parties seeking merits review, where an applicant is dissatisfied with a Deputy CEO decision (s 5.2.1-5.2.2).

Costs and burdens fall on those required to equip ships and ensure conformity. The Part assumes an owner/operator must procure conforming lights, controllers and sound signal appliances for Australian‑registered ships (s 7.2-7.3), and where construction or type must be shown to be to the satisfaction of the Manager or survey authority, the owner/operator or manufacturer must secure a Certificate of Approval (s 6.1; s 6.2). The Part also requires ships to carry charts and consult Notices to Mariners for traffic separation schemes (note to s 7.4), implicating ongoing operational burdens on masters and operators to follow routing schemes incorporated by reference. Finally, individual seafarers concerned in navigation and management face potential criminal exposure for failures to comply (note to s 7.1).

Duties

• Observe COLREG measures: The Part requires observance of the measures in the International Regulations for navigation, management and working of a ship to prevent collisions (s 7.1). This is the core duty placed on persons concerned with navigation, management or working of a ship.
• Provide and use lights and signals: The lights and signals required by the International Regulations must be provided on a ship and used (s 7.2). This imposes an equipment and operational duty on ship operators and those on watch.
• Conformity for post‑2009 installations: Navigation lights, navigation lights controllers and associated equipment installed on an Australian‑registered ship on or after 1 December 2009 must conform to performance standards not inferior to those in the Annex to IMO Resolution MSC.253(83) (s 7.3). The duty is one of technical conformity for later installations.
• Seek approvals and certificates where required: Construction and installation of lights, shapes and sound signal appliances must be to the satisfaction of the Manager, Ship Inspections, or an approved survey authority (s 6.1.1-6.1.2). A Certificate of Approval may be obtained as evidence of compliance (s 6.2.1), implying a duty to engage the Manager or an approved survey authority where certification is required.
• Comply with traffic separation and inshore zone designations: Ships must take the traffic separation schemes and inshore traffic zones in the IMO Ship's Routeing publication as those adopted by IMO for the International Regulations (s 7.4-7.5). This creates a navigational duty to follow the routing schemes as presented in authoritative charts and notices.

Rights and procedural protections

• Certificate procedural rights: A Certificate of Approval may be issued, renewed, or revoked by the Manager or an approved survey authority (s 6.2.1-6.2.3). A party with a certificate has a right to renewal subject to the certificate’s terms and may be subject to revocation if the construction or type is no longer satisfactory.
• Internal review: A person affected by a decision of the Manager, Ship Inspections, can apply for internal review by the Deputy CEO within three months of notification, or a longer period as determined by the Deputy CEO (s 5.1.1-5.1.2). The applicant must supply information the Deputy CEO requires (s 5.1.2).
• Deputy CEO decision scope: The Deputy CEO may affirm the Manager’s decision or make any decision that the Manager could have made under the Part (s 5.1.3). The Deputy CEO must notify the applicant in writing within 28 days of receiving the internal review application (s 5.1.4).
• External merits review: A person dissatisfied with the Deputy CEO’s review decision may apply to the Administrative Appeals Tribunal in accordance with the Administrative Appeals Tribunal Act 1975 (s 5.2.1-5.2.2). The Deputy CEO’s notice must advise the applicant of this right and of the right to request a statement under section 28 of that Act (s 5.2.2).
• Manager determinations: The Manager may make determinations under Rule 1(e) of the International Regulations (s 7.6), providing a mechanism for case‑by‑case official decisions where that Rule applies.

Limitations and qualifications in the text

• Notes vs operative provisions: The text explicitly states that a note is not part of the Part but may provide guidance (s 3(c)). Several Notes state penalty amounts and sources of traffic separation charts; those Notes are guidance rather than operative law.
• Application confined by external provision: The Part applies only to ships to which Division 11 of Part IV of the Navigation Act applies (s 4). Duties and rights in this Part therefore operate within that definitional limit.
• Manager/survey authority discretion: The approval and revocation powers are expressed in discretionary language: construction must be "to the satisfaction of" the Manager or survey authority (s 6.1.1-6.1.2) and Certificates "may" be issued, renewed or revoked (s 6.2.1-6.2.3). That creates administrative discretion and consequent procedural rights to seek review (s 5.1-5.2).

Penalties

The Part records that failure to comply with any measure required in this Part relating to prevention of collisions and provision and use of lights and signals can attract criminal penalties. The text reproduces the penalty framework found in subsection 258(7) of the Navigation Act 1912 and then notes the contemporary adjusted amounts by operation of sections 4AB and 4AA of the Crimes Act 1914 (note to s 7.1). The amounts cited in the source are:

• for an individual: up to $10,000 or imprisonment for 2 years, or both (as per Navigation Act; adjusted note states $11,000 under Crimes Act);
• for a corporation: up to $20,000 (note adjusted to $22,000 under Crimes Act note).

The text treats these penalty statements as Notes rather than operative provisions (s 3(c) instructs that a note is not part of the Part). Nonetheless, the Notes explicitly state the maximums for the offence referenced, and therefore indicate the prosecutorial exposure attached to non‑compliance.

Enforcement mechanisms and discretion

• Administrative approvals and revocation: The Manager, Ship Inspections, and an AMSA‑approved survey authority have power to approve, issue, renew and revoke Certificates of Approval for lights, shapes and sound signal appliances (s 6.1-6.2). Revocation is permissible if the construction or type is no longer to the satisfaction of the issuer (s 6.2.3). That creates a non‑criminal compliance lever: non‑conforming equipment can have its certificate revoked.
• Operational policing by AMSA officials: The Manager, Ship Inspections, and Deputy CEO are nominated decision‑makers within AMSA for the control and review processes (definitions; s 5; s 6). Enforcement actions or refusals to certify are therefore administered by AMSA officials.
• Criminal enforcement resides in the Navigation Act framework: The offence referenced in the Note derives from the Navigation Act (s 7.1 note). The Part itself does not set out prosecutorial procedure, evidentiary thresholds or enforcement priorities; those are handled under the Navigation Act and general criminal process.
• Review procedures constrain administrative action: Where the Manager makes a decision under this Part, affected persons can apply for internal review by the Deputy CEO within three months, subject to variation by the Deputy CEO, and may then apply to the Administrative Appeals Tribunal (s 5.1-5.2). The Deputy CEO’s notice must advise of AAT review rights and the right to request a statement under section 28 of the Administrative Appeals Tribunal Act 1975 (s 5.2.2). Failure by the Deputy CEO to comply with the notice timing obligation does not affect the decision’s validity (s 5.2.3), which limits procedural relief where timelines are missed.

Implementation and enforcement risk areas

• Discretion in satisfaction tests: Approvals hinge on subjective satisfaction of the Manager or survey authority (s 6.1.1-6.1.2). That creates enforcement discretion on technical matters, and increases the importance of documented technical bases for decisions and of the Certificate of Approval process.
• Delegation to survey authorities: Survey authorities approved in writing by AMSA may exercise approval and revocation powers (definitions; s 6.2). Enforcement practice therefore depends partly on the administrative arrangements and standards used by those approved survey authorities.
• Criminal vs administrative enforcement pathways: The Part indicates both administrative control (certificates, approvals) and criminal sanctions (Notes referencing the Navigation Act). The choice between administrative remediation (revocation, re‑inspection) and prosecution is not set out in the Part; the prosecutorial decision lies in the broader Navigation Act / criminal law framework.

The Part is explicitly framed as subsidiary to, and given effect by, the Navigation Act framework and interfaces with multiple external instruments and statutory provisions named in the text.

Navigation Act and subordinate instruments

• The Part relies on the Navigation Act’s delegated powers (s 1.2.1-1.2.4). Subsection 425(1) of the Navigation Act is cited as the enabling source for regulations, and s 258 is cited as authorising measures for prevention of collisions and the provision and use of lights and signals (s 1.2.1-1.2.2). The Navigation (Collision) Regulations 1982 are referenced as specifying that the measures to be observed and the lights/signals to be used are those in this Part (s 1.2.2). The Part applies only to ships to which Division 11 of Part IV of the Navigation Act applies (s 4), thereby importing that definitional field into application.

Crimes Act

• The Notes to s 7.1 state that penalty amounts in the Navigation Act are adjusted by virtue of sections 4AB and 4AA of the Crimes Act 1914, and provide the adjusted monetary amounts (note to s 7.1). The Part itself does not enact criminal penalties; it records the criminal exposure under the Navigation Act and the effect of crimes‑penalty reindexing under the Crimes Act.

Administrative Appeals Tribunal Act 1975

• The Part brings its internal administrative review decisions into the AAT regime for external merits review. Section 5.2.1 allows application to the AAT for review of Deputy CEO decisions and s 5.2.2 requires the Deputy CEO to include statements about AAT review rights and section 28 of that Act when notifying an applicant.

IMO instruments and publications (international law incorporated domestically)

• The International Regulations (COLREGs), as amended and in force for Australia, are incorporated and their English text is set out in the Appendix (s 2; s 3(b)). The Part also expressly refers to the Annex to IMO Resolution MSC.253(83) as setting performance standards for navigation lights and controllers installed on or after 1 December 2009 (s 7.3). It also directs that traffic separation schemes and inshore traffic zones in the IMO Ship's Routeing publication are to be taken as the IMO‑adopted schemes for the COLREGs (s 7.4-7.5). The definitions section calls attention to IMO circulars MSC.Circ.1260 and Corr 1 for unified interpretation guidance (s 2 note).

AMSA Acts and administrative instruments

• The Part refers to AMSA and AMSA officers: it defines AMSA, the Manager, Ship Inspections, and the Deputy CEO as specific decision‑makers (s 2) and records AMSA’s power under the Navigation Act to make orders (s 1.2.4). It also contemplates AMSA’s approval, in writing, of survey authorities (s 2 definition; note that a list is available on AMSA’s website as per the text, though the list itself is external).

Maritime publications and charting provisions

• The text cross‑references charts carried under section 410A of the Navigation Act and Notices to Mariners published by the RAN Hydrographic Department (note to s 7.4). Those external obligations and publications are incorporated as part of how traffic separation schemes and inshore zones are identified in practice.

Operational interaction and dependence

• Many operative obligations in this Part are expressed by reference to external instruments or administrative standards rather than spelled out in full. For example, what exactly constitutes compliance with a given Rule in the International Regulations is determined by the text of the International Regulations (in the Appendix) and by Manager determinations under Rule 1(e) where applicable (s 3(b); s 7.6). Similarly, the technical performance standard for post‑2009 installations is set by the Annex to an IMO Resolution (s 7.3). Consequently, compliance and enforcement depend on the content and interpretation of these external instruments and on AMSA’s administrative application of them.

The provided text does not include a domestic amendment log or a chronology of legislative changes to this Part. The instrument itself records that the International Regulations are to be applied “as amended and in force for Australia” (s 2), which signals that changes at the international level (IMO amendments) are relevant to domestic application once they are brought into force for Australia, but the text does not specify the domestic procedural mechanism, dates, or instruments by which particular amendments were adopted.

The source mentions a temporal threshold tied to a specific standard: navigation lights and controllers installed on or after 1 December 2009 must conform to performance standards not inferior to those in the Annex to IMO Resolution MSC.253(83) (s 7.3). That is an example of a dated technical benchmark incorporated into the Part, but no other amendment dates or historical enactment events are included in the provided text.

Notes and references in the source cite external instruments (for example MSC.Circ.1260 and MSC.253(83)) and statutory provisions (Navigation Act 1912, Crimes Act 1914, Administrative Appeals Tribunal Act 1975). However, the Part does not document its own amendment history, transitional provisions or previous versions. If a user requires a chronological record of amendments, commencements, repeals or prior text versions, that information is not present in the supplied material and must be obtained from legislative history records or consolidated versions of the Marine Orders and the Navigation Act.

Points a practitioner should note about amendment interaction

• The Part’s substantive obligations are tied to international instruments that can be amended; the phrase “as amended and in force for Australia” (s 2) means that changes at the IMO can alter domestic obligations if and when they are recognised as in force for Australia, but the Part does not itself describe the uptake process.
• The inclusion of a dated threshold for performance standards (s 7.3) indicates that discrete technical updates have been folded into the Part at least at one point; absence of other dates in the supplied text does not mean there are none, only that they are not recorded here.

The supplied text contains no decisions, case names or litigation summaries. It does, however, set out administrative review pathways which imply likely avenues for disputes but does not record any litigation that has occurred under the Part.

Procedural dispute avenues included in the text

• Internal administrative review: A person affected by a Manager, Ship Inspections decision may apply in writing to the Deputy CEO for review within three months of notification (s 5.1.1-5.1.2). The Deputy CEO’s decision must be notified in writing within 28 days (s 5.1.4). The Deputy CEO may affirm or substitute any decision that the Manager could have made (s 5.1.3).
• External merits review: A person dissatisfied with a Deputy CEO decision may apply to the Administrative Appeals Tribunal under the Administrative Appeals Tribunal Act 1975 (s 5.2.1-5.2.2). The Deputy CEO’s notice is required to include statements about AAT rights and s 28 of that Act (s 5.2.2).
• Finality of administrative notices: The text explicitly provides that failure to comply with the Deputy CEO’s notice obligation does not affect the validity of the decision (s 5.2.3), limiting procedural grounds for invalidating administrative outcomes.

What the absence of litigation history in the source means

• The instrument does not supply any precedents, reported decisions or litigation examples. Practitioners needing an understanding of how courts or tribunals have interpreted the Part, the Manager’s satisfaction test, the scope of Certificate of Approval revocations, or the interplay with the Navigation Act will need to consult the AAT and court databases for cases involving the Marine Orders or related Navigation Act provisions.
• Because the Part incorporates international instruments (COLREGs) and references determinations under specific rules (such as Rule 1(e)), litigation may involve interpretive disputes about the International Regulations as well as administrative law challenges to AMSA decision‑making. None of that is recounted here.

In short, the text sets out procedural mechanisms for dispute resolution but contains no reported litigation history; users must consult external case law resources to find how these provisions have been applied in practice.

Interpretation and operative status of Notes and Appendix

• Notes are explicitly not part of the Part (s 3(c)). Several important statements, including the penalty amounts that originate in the Navigation Act and are adjusted by the Crimes Act, appear as Notes to s 7.1 and elsewhere. Because Notes are not operative, they are guidance only; the underlying legal effect (for example, the criminal penalties) must be traced to the cited source provisions (the Navigation Act and the Crimes Act) rather than assumed to be enacted by the Note itself. Conversely, the Appendix is expressly part of the Part (s 3(b)), so the English text of the International Regulations contained in the Appendix is legally incorporated.

Application limited by external definition

• The Part applies only to ships covered by Division 11 of Part IV of the Navigation Act (s 4). The scope of application is therefore narrower than it may superficially appear; whether a particular ship falls within that Division will require reference to the Navigation Act (not reproduced here).

Satisfaction tests and administrative discretion

• Several approval obligations are framed as being "to the satisfaction of" the Manager, Ship Inspections, or an approved survey authority (s 6.1.1-6.1.2). That standard is inherently discretionary and fact‑sensitive. Practitioners should expect technical justification requirements for decisions, and potential disputes about standards used by different survey authorities. A Certificate of Approval can be revoked if the construction or type is no longer satisfactory (s 6.2.3), creating a practical risk for operators reliant on a certificate whose underlying technical basis later becomes challenged.

Certificate mechanics and renewal risk

• Certificates of Approval remain in force only until the date shown on the certificate and "may be renewed for a further period" (s 6.2.2). That creates operational risk if certificates lapse and renewal is not obtained in time; the Part does not specify procedural timelines for renewal applications. Revocation power is broad (s 6.2.3), so continuity of operations can depend on ongoing compliance and the issuer’s satisfaction.

Interplay with external technical standards and dates

• The performance standard requirement for navigation lights installed on or after 1 December 2009 links compliance to an IMO Resolution Annex (s 7.3). That introduces potential complexity where equipment predates that date or where newer IMO standards exist. The Part does not state grandfathering or retrofitting obligations beyond the specified date. Implementers must review equipment installation dates against the specified standard.

Traffic separation schemes and chart reliance

• The text treats IMO Ship’s Routeing traffic separation schemes and inshore zones as the schemes adopted by IMO for the International Regulations (s 7.4-7.5). It also indicates these schemes are shown on charts carried under section 410A of the Navigation Act and in Notices to Mariners (note to s 7.4). Relying solely on the International Regulations text in the Appendix is insufficient; operators must consult up‑to‑date charts and Notices to Mariners to identify the applicable schemes, and those publications may change over time.

Procedural timing traps

• Internal review must be sought within three months of notification or a longer period "as determined by the Deputy CEO" (s 5.1.1). The Deputy CEO must notify their decision within 28 days of receiving an application (s 5.1.4). Separately, the Deputy CEO must include AAT‑related statements in the notice (s 5.2.2), but failure to do so does not invalidate the decision (s 5.2.3). Practitioners should observe strict internal time limits and ensure review applications are complete and supported, as certain procedural defects do not disturb decisions’ validity.

Delegation to approved survey authorities

• Survey authorities may exercise approval and revocation powers (s 6.2.1-6.2.3), but they must be approved in writing by AMSA (s 2 definition). Operators using survey authority approvals should confirm the survey authority’s scope and whether the particular approval is intended to substitute for Manager action. Differences between AMSA and survey authority practices may create uncertainty around the certificate’s robustness.

Reference to external interpretive materials

• The definitions draw attention to IMO circulars MSC.Circ.1260 and its corrigendum for unified interpretation of COLREG 1972 (s 2 note). These materials are guidance and not part of the Part, but they will commonly inform the Manager’s and courts’ interpretations. Practitioners should consider these materials when advising on COLREGs compliance, while remembering they are not formally included as operative text in the Part.

This section sets out stepwise actions and practical documentary practices based strictly on the text of the Part. It assumes the ship in question falls within the Part’s application as defined by Division 11 of Part IV of the Navigation Act (s 4).

1. Confirm application

• Check whether the ship is subject to Division 11 of Part IV of the Navigation Act (s 4). The Part only applies to ships within that Division’s scope; if there is doubt, obtain a statutory application clarification.

2. Ensure observance of the International Regulations

• Implement procedures and watchkeeping practices to observe the measures required by the International Regulations in the navigation, management and working of the ship (s 7.1). This includes ensuring bridge team protocols, training, and bridge procedures reference the International Regulations as set out in the Appendix (s 3(b)).

3. Provide and use required lights and signals

• Verify that the ship is equipped with all lights, shapes and sound signal appliances required by the International Regulations and that crew routinely use them as required (s 7.2). Maintain equipment operational readiness and clear procedures for use in applicable circumstances.

4. Check installation dates and technical standards

• For navigation lights, controllers and associated equipment installed on or after 1 December 2009, ensure conformity to performance standards not inferior to those in the Annex to IMO Resolution MSC.253(83) (s 7.3). Retain installation dates and technical specifications in the vessel’s equipment records to demonstrate compliance.

5. Obtain Certificates of Approval where appropriate

• For construction and types of lights, shapes and sound signal appliances, consult the Manager, Ship Inspections, or an AMSA‑approved survey authority to determine whether a Certificate of Approval is required (s 6.1.1-6.2.1). If required, obtain a Certificate of Approval as evidence that the construction/type/installation is to the satisfaction of the Manager or survey authority (s 6.2.1). Keep the certificate aboard as documentary evidence.

6. Manage certificate lifecycle

• Monitor certificate expiry dates and pursue renewal before expiry, since Certificates remain in force only until the date shown and may be renewed (s 6.2.2). Maintain documentation of modifications to lights or sound signal appliances to avoid revocation risk if a construction or type becomes no longer "to the satisfaction" of the issuer (s 6.2.3).

7. Engage approved survey authorities properly

• If relying on an AMSA‑approved survey authority for approval or certification, confirm the authority’s written AMSA approval status and the scope of its authority on the particular installation or equipment (s 2 definition; s 6.2).

8. Follow routing and chart obligations

• Consult the IMO Ship’s Routeing publication for traffic separation schemes and inshore traffic zones as these schemes are taken to be the IMO‑adopted schemes for COLREGs purposes (s 7.4-7.5). Ensure that the vessel carries up‑to‑date charts required under section 410A of the Navigation Act and monitors Notices to Mariners as noted in the Part’s guidance (note to s 7.4).

9. Keep records and technical substantiation

• Document technical specifications, installation dates, certificates, inspection reports and any communications with the Manager or a survey authority. Given the "satisfaction" tests in s 6.1 and the potential for revocation (s 6.2.3), a robust documentary trail will support compliance positions and administrative review.

10. Train relevant personnel and outline responsibilities

• Identify who on board is responsible for navigation, management and working of the ship; ensure masters, mates and watchkeeping officers understand their duties under the International Regulations and the Part’s requirements, because non‑compliance can give rise to individual criminal liability as noted in s 7.1 (note).

11. Prepare for administrative review processes

• If a decision by the Manager, Ship Inspections, is adverse, lodge an internal review application with the Deputy CEO in writing within three months of notification (or seek an extension from the Deputy CEO) and provide all information the Deputy CEO requires (s 5.1.1-5.1.2). Expect a written decision within 28 days of receipt (s 5.1.4). If dissatisfied with the Deputy CEO decision, prepare to apply to the AAT, noting the Deputy CEO’s notice must state AAT rights (s 5.2.1-5.2.2).

12. Understand penalty exposure and act to mitigate

• Be aware of the criminal penalty exposure referenced in the Part (note to s 7.1). While Notes are not operative, the underlying offences and penalty amounts are set out in the Navigation Act and adjusted by the Crimes Act. For risk management, ensure prompt rectification of any identified non‑conformity to reduce the risk of enforcement escalation.

13. Seek determinations where ambiguity exists

• Where a specific issue falls within Rule 1(e) of the International Regulations, consider seeking a determination from the Manager, Ship Inspections, as the Manager is empowered to make such determinations (s 7.6). Preserve correspondence and any technical material submitted in support.

14. Monitor IMO and AMSA updates

• The Part applies the International Regulations "as amended and in force for Australia" (s 2). Regularly check AMSA updates, AMSA’s list of approved survey authorities (s 2 note), and IMO amendments or interpretative circulars referenced by the Part (s 2 note; s 7.3) to ensure equipment and procedures remain aligned with standards that the Manager or survey authority will apply.

Following these steps, and maintaining clear documentary evidence of compliance and certification, aligns vessel operations with the duties and procedural rights set out in the Part and positions operators to respond effectively to administrative decisions and potential enforcement action.