Thursday, 15 November 2018
Maritime Legislation Amendment Bill 2018; Second Reading
The Marine Safety (Domestic Commercial Vessel) National Law Act 2012 and the Navigation Act 2012 give AMSA the ability to make what are known as marine orders. Marine orders are designed to be legislative instruments allowing AMSA to keep pace with developments in a rapidly changing industry. For example, Marine Order 15 relates to fire protection for ships and Marine Order 17 concerns regulations for carrying dangerous liquids.
The original intent of the marine orders as defined in the Navigation Act 2012 was that they would be legally enforceable and, particularly, that they would include a provision for penalties for noncompliance. However, the government has lately faced legal questions concerning the enforcement of marine orders. This legislation clarifies the situation to give marine orders the status of regulations, as was the original intention. The amendment to the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 inserts a definition for regulations that includes marine orders, with relevant exceptions. The amendment to the Navigation Act 2012 makes the same change. Labor supports these changes.