Annual Regulatory Program 2022-23

Our regulatory program is prepared annually and contains details of planned and completed changes to our regulatory instruments

Publishing a regulatory program makes it easier for business and the community to take part in the development of our regulatory instruments, such as marine orders and the National Standard for Commercial Vessels.

The regulatory program contains information on:

legislative or other action planned to be progressed during the current financial year that could lead to changes in our regulatory instruments;
a five-year outlook of future action, including for specific industry issues, international developments, priorities for standards and legislative expiry; and
changes to our regulatory instruments that occurred during the previous financial year.

We publish an annual regulatory program each financial year. While AMSA works hard to deliver the program as published, there may be unforeseen delays to consultation or implementation for amended instruments, including from consultation feedback, resourcing constraints or other work priorities. There may also be some regulatory activities that we are unable to forecast at the time the program is published. As such, proposed instruments in the regulatory program 2022-23 should be considered indicative only. In all cases, however, significant regulatory changes will involve consultation with affected parties and will be recorded in future regulatory programs.

Please direct any queries about our regulatory program to maritimesafetysystems@amsa.gov.au.

Regulatory Program 2022–23

The regulatory program shows the regulatory changes that are planned to be progressed during the next 12 months.

Project		Description of Action
*Marine Orders – made under the Navigation Act 2012* and Protection of the Sea Acts**
Marine Order 11 (Living and working conditions on vessels) 2015	AMSA is undertaking a review to give effect to the 2022 amendments to the Maritime Labour Convention which comes into force in December 2024.
Marine Order 12 (Construction – subdivision and stability, machinery and electrical installations) 2016	AMSA is undertaking a full review to give effect to amendments to SOLAS which enter into force on 1 January 2024.
Marine Order 50 (Special purpose vessels) 2012	AMSA is conducting a review to address outstanding operational issues, to give effect to the Industrial Personnel Code which enters into force on 1 January 2024 and reissue the Order under the Navigation Act 2012.
Marine Order 51 (Fishing vessels) 1989	AMSA is undertaking a full review. The amendments will clarify standards for fishing vessel stability and subdivision and reissue the Order under the Navigation Act 2012.
Marine Order 52 (Yachts and training vessels) 2016	AMSA is conducting a review to give effect to recent changes to the Red Ensign Group Yacht Code, which supersedes the United Kingdom’s Large Commercial Yacht Code (LY3 Code).
Marine Order 54 (Coastal pilotage) 2014	AMSA is conducting a review to address operational issues with licensing of pilot and pilotage providers, consideration for Continuous Professional Development in pilot licence renewal requirements, and the criteria for pilot licence renewal.
Marine Order 71 (Masters and deck officers) 2014	AMSA is undertaking a full review. Amendments will clarify the transition arrangements for certificates. The Order will also be reissued under the Navigation Act 2012.
Marine Order 97 (Marine pollution prevention - air pollution) 2013	AMSA is undertaking a full review to give effect to requirements of MARPOL Annex VI, following IMO Resolution to introduce the new short-term GHG measure for ships on international voyages which enters into effect on 1 January 2023.
Marine Order 98 (Marine pollution - anti-fouling systems) 2013	AMSA is conducting a full review to address changes to the International Convention on the Control of Harmful Anti-Fouling Systems on Ships, 2001 (AFS Convention).
Marine Orders – made under the Marine Safety (Domestic Commercial Vessel) National Law Act 2012
Marine Order 501	Full review to update the order and remake under the National Law Act.
Marine Order 503 (Certificates of survey - national law) 2018	Amendment to address minor technical workability issues, including ensuring the triggers for transitional vessel standards are appropriate and the survey regime operates as intended. Consequential changes will also be made to Part 2 of the Marine Surveyor Guidance Manual and Marine Order 507.
Marine Order 504 (Certificates of operation and operation requirements - national law) 2018	Amendment to align minimum crewing requirements with the new Marine Order 505 (Certificates of competency), clarify the minimum and appropriate crewing requirements, clarify the training and drills requirements for crew and other minor issue in the order.
Marine Order 504 - (SMS and lifejacket wear)	Amendment to improve and streamline safety management system requirements to ensure that safety management systems operate as intended. Introduce the requirement for a risk assessment and written procedure addressing lifejacket wear in the SMS.
Review of grandfathering arrangements – Marine Order 503, Marine Order 504 and Exemption 02	Full review including evaluation of safety benefits, costs and other barriers in moving grandfathered vessels to more contemporary survey, crewing and vessel standards. Amendments to Marine Order 503, Marine Order 504, Exemption 02 will be required to implement the final policy position, with implementation to be progressed in the regulatory program in forward years post 2022/23.
National Standard for Commercial Vessels (NSCV)
Part B – General requirements	AMSA is conducting a review of various key definitions and terms used throughout the NSCV, as well as review of classification of classes of waters.
Part C1 - Design and construction - Arrangement, accommodation and personal safety	AMSA is undertaking a full review to address technical issues and Coronial recommendations on escape lighting and signage.
Part C2 - Watertight and weathertight integrity	AMSA is conducting a full review of the standards for watertight and weathertight integrity and has developed a draft new standard NSCV Part C2. AMSA commenced consultation on the proposed new draft standard on 18 January 2021. The proposed new standard updates the requirements for watertight and weathertight integrity to reflect current technologies and to align with current international standards and best practice. It is a performance-based standard, with multiple options for compliance to address a number of safety issues with the current requirements, including over-loading. Public consultation was held from 18 January to 28 March 2021. When made, the standard will replace the USL Code and it is proposed to apply to vessels constructed after 2023.
Part C4 - Fire Safety	AMSA is undertaking a full review to address a high number of outstanding issues relating to the standard.
Part C6B - Buoyancy and Stability After Flooding	AMSA is conducting a full review to address a high number of outstanding issues related to, amongst other things, level flotation, hydrostatic testing, incorrect calculations and formulas. Industry has also identified stability calculation issues with the standard.
Part C7A - Design and construction - safety equipment	AMSA is conducting a full review of NSCV Part C7A to address operational issues identified by industry, including with the carriage of safety equipment for vessels less than 12m in length operating close to land. AMSA is also reviewing life raft carriage requirements as part of this review.
Part C7B – Communications equipment	AMSA is undertaking a full review to address a number of outstanding issues and to reflect the advances made in marine communications equipment.
Part C7C – Navigation equipment	AMSA is undertaking a full review to address a number of outstanding issues and to reflect the advances made in technology, and the use of electronic charting systems.
Part F3 – Novel vessels	AMSA is conducting a review to keep up with the rapid rate of change with the developments in alternative fuels technology.
Part G - Non-survey vessels	AMSA is conducting a review to address issues with the carriage of certain items of safety equipment on small vessels and vessels operating close to shore.

Completed Program 2021–22

The completed program shows the regulatory changes that have been completed in the past 12 months.

Project	Description of Action	Date of Effect
*Marine Orders – made under the Navigation Act 2012* and Protection of the Sea Acts**
Marine Order 64 (Vessel traffic services) 2013	AMSA is undertaking a full review. Amendments will implement revised International Maritime Organization (IMO) Guidelines for Vessel Traffic Services (VTS), which include a suite of standards relating to VTS that form part of a framework to harmonise VTS operations worldwide. The proposed new Guidelines are expected to come into effect in March 2022.	1 July 2022
Marine Orders – made under the Marine Safety (Domestic Commercial Vessel) National Law Act 2012
Marine Order 505 (Certificates of competency - national law) 2013	AMSA undertook a full review of Marine Order 505 to revise and streamline the structure of the near coastal qualifications framework, including combining the requirements of the National Standard for Commercial Vessels Part D and 12 of the exemptions into a new updated version of Marine Order 505.	1 January 2023
National Standard for Commercial Vessels (NSCV)
Nil

Last updated:

Wednesday 13 July 2022

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Annual Regulatory Program 2022-23

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