Overview
Public consultation on the draft MO52 took place between 16 August and 9 October 2022 for a period of eight weeks. A copy of the draft MO52 was placed on the AMSA website and links to the AMSA website were placed on three social media platforms – Facebook, Twitter and LinkedIn – for public comment. Notification of the public consultation, and invitation to comment, was also emailed to those on the stakeholder distribution list, which included 159 stakeholders. Stakeholders included the commercial yacht industry, training vessels, industry peak bodies, training organisations, seafarer representative organisations, classification societies and interested government departments and agencies.
AMSA received two submissions during the public consultation period. One comment asked whether the new marine order would apply to DCVs. The other comment sought clarification about the following aspects of the Australian National Annex:
- whether IACS will want to ‘deal with’ Certificates of Classification;
- the requirement for a Certificate of Classification;
- application of the marine order and Australian National Annex to vessels <24m and foreign vessels; and
- the survey and accreditation process.
Key issues arising from feedback and AMSA’s response
The two comments received did not warrant any change to the marine order, however Table 1 of the Australian National Annex, which provides a summary of certification required for yachts and training vessels, has been amended to refer the reader to the relevant chapter of the Australian National Annex (ie Chapter 4 Construction and Strength) for further information.
Summary of submissions
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Activity
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Received
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Confidential
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Public
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Public Consultation
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2
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2
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0
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Key issue 1: The person commenting asks does MO52 apply to volunteer marine rescue vessels operating under EX24 (Exemption 24 – Marine Safety (Emergency services vessels)?
Response: MO52 applies to regulated Australian vessels and foreign vessels that are yachts or training vessels. This will not change when the new marine order comes into effect. As volunteer marine rescue vessels are not regulated Australian vessels or foreign vessels, MO52 will not apply.
Key issue 2: The person commenting notes that page 24 of the Australian National Annex to the Red Ensign Group Yacht Code states "All vessel" with regard to a Certificate of classification, and asks ‘will IACS want to deal with this?’.
Response: Certificates of Classification will be addressed by an AMSA appointed Recognised Organisation rather than IACS. Marine Order 1 (Administration) 2013 Section 8 and Schedule 1 provide more information on Recognised Organisations. Chapter 4.2 on page 11 of the Australian National Annex provides more context around this. In response to the question received, Table 1 at page 24 of the Annex has been amended to reference Chapter 4.2.
Key issue 3: The person commenting notes that they didn't see a lower limit on the criteria, ie. under 24 meters was stated, but will this be enforced for 6 and 10 meter vessels, especially foreign visitors?
Response:
Section 17(1)(b) of the draft MO52 refers vessels <24 m to Marine Order 31.
Section 23 of the draft MO52 applies to foreign vessels:
(1) applies to a foreign vessel that is a yacht >24m
(2) applies to a foreign vessel that is a yacht <24m
Key issue 4: The person commenting notes that Chapter 4 states that existing vessels must get a class certificate for construction. The person commenting also states that this is a very difficult process that may not be possible to accomplish.
Response: The Australian National Annex applies to vessels >24m, engaged in commercial operations. Owners of such vessels wishing to operate internationally are required to hold the appropriate convention certificates applicable to the design and operation of their vessel. This is not a new requirement of the new Marine Order. Existing owners of such vessels should be aware of their obligations.
Key issue 5: The person commenting asks will AMSA utilize the accredited DCV surveyors, and if so will there be another form of accreditation?
Response: No – accredited marine surveyors, appointed under the National Law, are not authorised to undertake any surveys under the Navigation Act 2012. Surveys will only be undertaken by exclusive AMSA surveyors, or Recognised Organisations appointed by AMSA for that purpose.
