Compilation number 3

Compilation date: 1 September 2016

This compilation was prepared on 24 August 2016 taking into account amendments up to Marine Order 508 (National law amendment) 2016.

Prepared by the Office of Legislative Drafting, Australian Maritime Safety Authority

Division 1 Preliminary

1 Name of Order

3 Purpose

4 Power

5 Application of Order

6 Definitions

7 Existing and new vessels

8 Standards that apply to a vessel

9 Applications under this Order

Division 2 Requirements

10 Application for a certificate

11 Form of survey

12 Criteria for issue of a certificate

13 Term of certificate

14 Conditions on certificate

Division 3 Variation, suspension and revocation

15 Form of application for variation, suspension or revocation of certificate

16 Criteria for variation

17 Criteria or purposes for suspension

18 Prescribed period for suspension

19 Criteria for revocation

Division 4 Equivalent means of compliance

20 Application for equivalent means of compliance

21 Form of application

22 Term of approval

Division 1 Preliminary

1 Name of Order

 This Order is Marine Order 503 (Certificates of survey — national law) 2013.

3 Purpose

 The purpose of this Order is to provide for certificates of survey for domestic commercial vessels to be issued by the National Regulator.

4 Power

 (1)Division 2 of Part 4 of the national law provides for matters that can be prescribed in the regulations for certificates of survey.

 (2)Section 75 of the national law provides for regulations to be made about certificates.

 (3)Subsection 159(1) of the national law provides for regulations to be made prescribing matters required or permitted to be prescribed or that are necessary or convenient to be prescribed for carrying out or giving effect to the national law.

 (4)Subsection 159(5A) of the national law provides for regulations to be made for the conduct of the survey of vessels.

 (5)Subsection 163(1) of the national law provides that the National Regulator may make a Marine Order for any matter for which provision must or may be made by regulations, other than for matters mentioned in the section.

 (6)Section 164 of the national law allows a Marine Order to provide for any matter by applying, adopting or incorporating any matter contained in any written instrument in force or existing from time to time including the NSCV.

5 Application of Order

 This Order applies to domestic commercial vessels.

6 Definitions

 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.

application for design approval includes:

(a) an application to a State or Territory authority for:

 (i) vessel design, plans or construction drawings approval; or

 (ii) new vessel construction; or

 (iii) initial survey; or

 (iv) vessel survey; or

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

deemed to satisfy solution has the same meaning as in the NSCV.

equivalent means of compliance means an equivalent means of compliance by a vessel with a requirement of this Order under which the vessel must comply with a standard mentioned in section 8.

load line certificate has the meaning given by section 6 of Marine Order 507 (Load line certificates — national law) 2013.

new vessel means a vessel that is not an existing vessel.

required outcome has the same meaning as in the NSCV.

Note 1 Some terms used in this Order are defined in Marine Order 501 (Administration — national law) 2013, including:

• AMSA Act
• approved form
• increased level of risk
• Load Lines Convention
• national law
• NSAMS
• NSCV
• significantly altered
• USL Code.

Note 2   Other terms used in this Order have the same meaning that they have in the national law, including:

• domestic commercial vessel
• National Regulator.

7 Existing and new vessels

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

(a) a survey certificate was in effect for it at any time in the 2 years ending on 30 June 2013; or

(b) a person was entitled to operate it commercially at any time in the 2 years ending on 30 June 2013; or

(c) on 30 June 2013:

 (i) its keel has been laid; or

 (ii) 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 ship has been assembled; or

(d) for a vessel for which an application for design approval was lodged before 1 July 2013 — before 1 July 2016:

 (i) its keel has been laid; or

 (ii) 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 ship has been assembled.

 (2)However:

(a) a vessel to which paragraph (1)(d) applies must be surveyed in accordance with Section 4 of NSAMS; and

(b) an existing vessel is taken to be a new vessel if the National Regulator considers that:

 (i) it has been altered to an extent that it must be reassessed against the construction, subdivision or stability standard that applies to it; or

 (ii) its operations have changed so that there is an increased level of risk or it changes its operational area; and

(c) on application by the owner of an existing vessel — the National Regulator may determine that the vessel is taken to be a new vessel.

Note for subparagraph (b)(ii)   An increased level of risk may result from any of the following:

(a) an upgrade in service category that will subject the vessel or persons on the vessel to an increase in risk;

(b) an increase in propulsion power;

(c) an increase in displacement;

(d) commencing overnight operations;

(e) an increase in passenger numbers;

(f) an alteration that affects safety outcomes;

(g) changes that require a review of stability.

8 Standards that apply to a vessel

 For paragraph 10(2)(b), the standard that applies to a vessel is:

(a) for an existing vessel — the following standards applied in accordance with Section 4 of NSAMS or the survey process that applied to the vessel when the vessel was last surveyed before 1 July 2013:

 (i) the construction, subdivision and stability standards that applied to the vessel when the vessel was last surveyed before 1 July 2013;

 (ii) the equipment standards that applied to the vessel on 30 June 2013; or

(b) for a new vessel — the following standards applied in accordance with Section 4 of NSAMS:

 (i) the NSCV other than Part C Section 2;

 (ii) 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;

 (iii) USL Code Section 5, subsection D, clauses D.9 to D.15 and D.18 to D.36;

 (v) USL Code Section 7; or

(c) for a new vessel previously issued a certificate of survey under the national law:

 (i) the construction, subdivision and stability standards that applied to the vessel when the vessel was first issued a certificate of survey under the national law; and

 (ii) the equipment standards mentioned in paragraph (b).

9 Applications under this Order

 An application under this Order must be made in accordance with Marine Order 501 (Administration — national law) 2013.

Division 2 Requirements

10 Application for a certificate

 (1)An application for a certificate of survey for a vessel must be in the approved form.

Note 1   A fee may be charged — see section 9 of the Maritime Safety (Domestic Commercial Vessel) National Law Act 2012.

Note 2   It is an offence to operate a vessel without a certificate of survey — see sections 43 and 44 of the national law.

Note 3    Exemptions from this Order can be given under section 143 of the national law.

Note 4   Giving false or misleading information in an application is an offence — see section 136.1 of the Criminal Code.

 (2)The application must show that the vessel:

(a) is suitable for its intended use and area of operation; and

(b) will comply with the standard mentioned for the vessel in section 8.

11 Form of survey

 (1)For paragraph 38(1)(b) of the national law:

(a) a vessel must be surveyed in accordance with:

 (i) for a new vessel — Section 4 of NSAMS; or

 (ii) for an existing vessel — Section 4 of NSAMS, Section 14 of the USL Code or the survey process that applied to the vessel when it was last surveyed before 1 July 2013; and

(b)  the survey must be conducted by:

 (i) the National Regulator; or

 (ii) an accredited marine surveyor; or

 (iii) a recognised organisation; or

 (iv) if it is an electrical survey conducted as part of a survey  — a person who holds an electrical contractor licence (however described) issued by a State or Territory, or an accredited marine surveyor who is accredited to perform electrical surveys; and

(c) the survey must be in accordance with any documents relating to the vessel approved by any of the following, unless the National Regulator considers that the survey does not need to be in accordance with the documents:

 (i) the National Regulator;

 (ii) an accredited marine surveyor;

 (iii) a recognised organisation;

 (iv) a person the National Regulator is satisfied is competent to assess the documents.

Examples for paragraph (1)(c)

1 vessel plans

2  stability calculations.

 (2)A person conducting an electrical survey mentioned in subparagraph (1)(b)(iv) must give a compliance report to the person conducting the survey of the vessel unless the person conducts both surveys.

 (3)For paragraph 38(1)(c) of the national law, the vessel must comply with the standard that applies to the vessel.

Note   A decision not to issue a certificate of survey is a reviewable decision — see section 139 of the national law.

12 Criteria for issue of a certificate

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

(a) the application is made in accordance with section 10; and

(b)  the National Regulator is satisfied that the vessel:

 (i) has been surveyed in accordance with the standard mentioned for the vessel in section 8; and

 (ii)  meets the standard; and

(c) if Marine Order 507 (Load line certificates — national law) 2013 applies to the vessel — a load line certificate is in force for the vessel.

 (2)For paragraph (1)(b), if an equivalent means of compliance has been approved by the National Regulator for the vessel, the vessel meets each requirement of the standard that the equivalent means replaces.

13 Term of certificate

 A certificate of survey expires at the earlier of:

(a) 5 years after it is issued; or

(b) an earlier date stated on the certificate.

14 Conditions on certificate

 (1)A certificate of survey is subject to the following conditions:

(a) the vessel must be surveyed in accordance with:

 (i) for a new vessel — Section 4 of NSAMS; or

 (ii) for an existing vessel — Section 4 of NSAMS, USL Code Section 14 or the standard that applied to the vessel when it was last surveyed before 1 July 2013;

(b) any defect identified in any survey, including a periodic survey, must be rectified in accordance with any directions by the National Regulator;

(c) after any periodic survey of the vessel, the owner must give to the National Regulator a report setting out the condition of the vessel and the extent of its compliance with the standard that applies to the vessel;

(d) any certificate of currency required for any equipment on the vessel must be kept current;

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

(f) the vessel must continue to comply with the construction, subdivision, stability and equipment standards that apply to the vessel;

(fa) if there is an approval of an equivalent means of compliance in force for the vessel — the vessel continues to comply with each condition (if any) on the approval;

(g) the vessel must not be altered without approval by the National Regulator;

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

 (i) when the transfer occurred; and

 (ii) the name and address of the transferee;

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

 (i) the vessel is sunk or scrapped, and when and where the sinking or scrapping occurred; or

 (ii) the owner changes address; or

 (iii) any matter recorded on the certificate is no longer accurate; and

(j) the owner of the vessel must tell the National Regulator in writing at least 7 days before:

 (i) changing the  nature of its operations; or

 (ii) any alteration or replacement affecting the vessel’s electrical system, machinery or associated systems, stability, watertight integrity or subdivision or equipment type.

Note 1   Other conditions may be imposed — see national law, s 38(3)(b).

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 an equivalent means of compliance relating to Section 4 of NSAMS or another survey process that applied to the vessel is in force for the vessel, any reference in paragraph (1)(a) or (f) to a standard is a reference to the standard other than those requirements to which the equivalent means of compliance applies.

Division 3 Variation, suspension and revocation

15 Form of application for variation, suspension or revocation of certificate

 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.

16 Criteria for variation

 (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 that:

(a) information on the certificate of survey is no longer correct; or

(b) the vessel has been altered, sold or damaged.

 (2)For paragraph 40(2)(a) of the national law, the criteria for the National Regulator to vary a certificate of survey on the National Regulator’s own initiative are that:

(a) the National Regulator becomes aware that a vessel to which the certificate applies has been significantly altered, damaged or sold; or

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

17 Criteria or purposes for suspension

 (1)For paragraph 41(1)(b) of the national law, the criteria for the National Regulator to suspend a certificate of survey on application are that:

(a) the owner of the vessel applies in the approved form for suspension of the certificate of survey; and

(b) any fees relating to the certificate have been paid.

 (2)For subsection 41(2A) of the national law, purposes for the suspension of a certificate of survey by the National Regulator on the National Regulator’s own initiative are the following:

(a) ensuring unpaid fees are recovered;

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

(c) ensuring a vessel meets the standards that apply to it;

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

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

18 Prescribed period for suspension

For subparagraph 41(3)(b)(i) of the national law, the prescribed period of suspension is 6 months.

19 Criteria for revocation

 (1)For paragraph 42(1)(b) of the national law, the criteria for the National Regulator to revoke a certificate of survey on application are that:

(a) the owner of the vessel applies in the approved form for revocation of the certificate of survey; and

(b) 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 the National Regulator’s 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 erroneously.

Division 4 Equivalent means of compliance

20 Application for equivalent means of compliance

 (1)A person may apply to the National Regulator for an equivalent means of compliance.

Note   An application for an equivalent means of compliance must be made in accordance with Marine Order 501 (Administration — national law) 2013 — see section 9.

 (2)The National Regulator must:

(a) approve the application; or

(b) refuse the application.

 (3) The National Regulator may approve an application for an equivalent means of compliance if satisfied that the equivalent means of compliance proposed by the applicant:

(a) for an application relating to compliance with a construction, subdivision, stability or equipment standard mentioned in paragraph 8(a) — is at least as effective as compliance with each requirement that the equivalent means is to replace; and

(b) for an application relating to compliance with the NSCV other than Part C Section 2 — meets the required outcomes of the NSCV that apply to the vessel to a level of safety that is equivalent to the deemed to satisfy solution of the NSCV that it is to replace; and

(c)  for an application relating to compliance with the USL Code provisions mentioned in subparagraph 8(b)(ii), (iii) or (v) — is at least as effective as compliance with each requirement that the equivalent means is to replace; and

(d) for an application relating to compliance with section 4 of NSAMS or another survey process that applies the vessel — is at least as effective as compliance with each requirement that the equivalent means is to replace.

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

 (4)A decision under subsection (2) to refuse an application is a reviewable decision for section 16 of Marine Order 501 (Administration — national law) 2013.

21 Form of application

 An application for an equivalent means of compliance must, in addition to complying with section 9 of Marine Order 501 (Administration — national law) 2013, include:

(a) details of the requirements of the standards 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 each requirement that the equivalent means is to replace; and

(c) at least 1 document supporting the statement mentioned in paragraph (b).

Note   If the application relates to the NSCV, the details may be of the required outcomes that the equivalent means of compliance is to meet. Also, the statement may explain how the equivalent means of compliance meets the detailed required outcomes to the same level of safety as the deemed to satisfy solution.

Examples for paragraph (c)

1 A report from an accredited marine surveyor.

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

3 A mill test report.

22 Term of approval

 (1)An approval of an equivalent means of compliance:

(a) comes into force on the day it is issued; and

(b)  expires on the day, if any, it is cancelled.

 (2)A decision to cancel an approval is a reviewable decision for section 16 of Marine Order 501 (Administration — national law) 2013.

Note 1

Marine Order 503 (Certificates of survey — national law) 2013 (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) 2013 amended as indicated in the following tables.

Table of Orders

Table of amendments