Federal Register of Legislation - Australian Government

Primary content

Order No. 10 of 2009 Orders/Marine as made
These Marine Orders repeal the Marine Orders: Part 27: Radio Equipment, Issue 3 (Order No. 4 of 2006) and give effect to Chapter IV (Radiocommunications) of the International Convention for the Safety of Life at Sea, 1974. It prescribes matters relating to radio installations on ships and communications performance standards developed by the International Maritime Organization (IMO).
Administered by: Infrastructure and Regional Development
General Comments: This Marine Order was originally made under subsection 425(1AA) of the Navigation Act 1912 and has effect, for the purposes of the Navigation Act 2012, with such modifications as are specified in Marine Order 4 (Transitional modifications) 2013 (see section 343 of the Navigation Act 2012 and Schedule 13 of Marine Order 4 (Transitional modifications) 2013).
Exempt from sunsetting by the
Registered 09 Dec 2009
Tabling HistoryDate
Tabled Senate02-Feb-2010
Tabled HR02-Feb-2010
Date of repeal 01 Jul 2016
Repealed by Marine Order 27 (Safety of navigation and radio equipment) 2016

EXPLANATORY NOTES

Marine Orders, Part 27

(Radio Equipment)

Issue 4

Order No 10 of 2009

 

 

Purpose

 

1.            Marine Orders Part 27, gives effect to relevant regulations of Chapter IV         (Radiocommunications) of the International Convention on Safety of Life at     Sea (SOLAS); the Radio Regulations; the International Convention on        Standards of Training, Certification and Watchkeeping for Seafarers, 1978,        as amended (STCW Convention); and the Seafarers’ Training, Certification   and Watchkeeping (STCW) Code.

 

Power

 

 

2.            Subsection 425(1) of the Navigation Act 1912 (Navigation Act) empowers the          Governor-General to make regulations necessary or convenient for carrying out or      giving effect to the Act.

 

3.            Subsection 425(1AA) of the Navigation Act allows the Australian Maritime Safety     Authority (AMSA) to make orders with respect to any matters in Part IV of the Act       for or in relation to which provision may be made by regulations.

 

4.            Marine Orders, Part 27, Issue 4 was made pursuant to subsection 425(1AA).

 

Consultation

 

5.            A copy of the draft of Part 27, Issue 4, was circulated to relevant AMSA managers,   Shipping Australia Limited, AMSA recognised organisations (ABS, BV, ClassNK, CCS, DNV, GL and LR), Australian Shipowners Association, Australian Maritime      College, AUSTAL, Australian Shipbuilders Association, National Maritime Safety             Committee and the Department of Infrastructure, Transport, Regional   Development and Local Government for comment.  All comments were           considered.  A copy of the draft was also placed on the AMSA web site for public             comment.

 

Overview

 

6.            Marine Orders Part 27, Issue 4 gives effect to the following IMO            Resolutions:

·        MSC.256(84) – Adoption of amendments to the International Convention for the Safety of Life at Sea, 1974, as amended, which replaces the phrase ‘radar transponder’ with ‘search and rescue locating device’ in Chapter IV, Regulation 7;

·        MSC.201(81) – Adoption of amendments to the International Convention for the Safety of Life at Sea, 1974, as amended, which amends SOLAS Regulations IV/7, IV/9 and IV/10 in relation to a ship earth station of the

 

 

Inmarsat geostationary satellite service by ending the use of EPIRBS operating on the 1.6 GHz band.  Inmarsat has discontinued this service. This amendment comes into force on 1 July 2010.

 

7.            The opportunity has also been taken to update the Order in line with current    drafting practices by updating definitions and formatting.

 

Contents of the Order

 

 8.     Provision 1 indicates both the purpose of the Order and the power to make this Marine Order, pursuant to the Navigation Act.

 

 9.     Provision 2 provides definitions of words and phrases used in the Marine Order.

 

10.    Provision 3 provides an interpretation of words and phrases necessary for a proper understanding of this Marine Order.

 

11.    Provision 4 specifies the ships to which this Part applies and those to which it does not apply. The provision also indicates that the Part does not prevent the use of a means, not specified in this Part, for the purpose of communicating to obtain assistance.

 

12.     Provision 5 provides for:

·        the exemption, or partial exemption, of a ship from compliance with a provision of this Part, including an exemption for a non-SOLAS ship that is required to undertake an international voyage to which Chapter IV of SOLAS applies;

·        the application of provisions of this Part to be modified in respect of a ship and for the acceptance of an equivalent fitting, material, appliance or apparatus, or type thereof, that is, at least, effective as that required under the Part; and

·        the continuation of an exemption granted or recognised under a provision of Marine Orders Part 27, Issue 3.

 

13.     Provision 6 provides for an internal review by the Deputy CEO of a decision made by the Manager, Ship Inspections, or the Manager, Ship Operations and Qualifications, under this Part.  The provision also provides for a review by the Administrative Appeals Tribunal of specified decisions made under this Part and for a statement of reasons to be provided by the decision-maker upon request of an applicant.  

 

14.     Provision 7 specifies functional requirements to be met by SOLAS ships while at sea in relation to regulation 4 of Chapter IV of SOLAS.  This provision also specifies functional requirements for non-SOLAS ships in respect to rendering the ship capable of providing for its own safety and the capacity to assist other ships in distress.

 

15.     Provision 8 specifies particular requirements of both a SOLAS and a non-SOLAS ship with respect to radio installations, equipment, watchkeeping arrangements,

 

         

         

          sources of energy, performance standards, maintenance requirements, personnel and record-keeping.

 

16.     Appendix 1 provides station frequencies for GMDSS communications for the purposes of distress and safety communications and receiving maritime safety information.

 

17.    Appendix 2 provides technical requirements for MF/HF and VHF equipment.

 

18.    Appendix 3 provides details of climatic and durability tests in relation to radio equipment referred to in Appendix 2 of this Part.

 

19.    Appendix 4 provides both a definition of a ship earth station, and specifications in relation to the installation of a ship earth station.

 

20.    Appendix 5 provides requirements in relation to radio personnel on ships.

 

21.    Appendix 6 provides examples of radio installation on a non-SOLAS ship that will meet the functional requirements of Provision 7.2 of this Part.

 

22.    Appendix 7 provides the prescribed form of a radio log-book.

 

 

23.    Documents incorporated by reference in the Order

 

·        Current edition of the Marine Radio Operators Handbook, published by the Australian Communications Authority;

·        Current edition of the handbook for GMDSS ship station operators, published by AMSA;

·        Current edition of the Manual for use by the Maritime Mobile and the Maritime Mobile-Satellite Services, published by the International Telecommunication Union (ITU);

·        List of Ship Stations, published by the ITU;

·        Current edition of the List of Call Signs and Numerical Identities of Stations used by the Maritime Mobile Satellite Services, published by the ITU;*

·                 Radio Regulations published by the ITU can be purchased from Boat Books (addresses below), or from the ITU web site: http://www.itu.int/home/;

·        Current edition of the Admiralty List of Radio Signals, published by the Hydrographer of the Navy (UK).


·        International Convention for the Safety of Life at Sea (SOLAS) 1974, as amended;

·        International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers, 1978, as amended (STCW Convention) and Seafarer's Training, Certification and Watchkeeping Code (STCW Code).

 

 

 

            The above publications may be purchased from:

 

            the International Maritime Organization (IMO)

            Albert Embankment, London SE1 7SR

            Phone +44-20 7735 7611

            Fax +44 – 20 7587 3210

            http://www.imo.org

 

            A list of distributors who maintain permanent stock of all IMO publications can be      found on the IMO website above.

 

 

Australian Maritime Safety Authority

December 2009