Summary of changes - proposed remake of Marine Order 501 (MO 501)
| Relevant section | Proposed amendment | Comments |
|---|---|---|
| Section 1 – Name of order | Amendment to reflect the remaking of the marine order in 2023, including changes to the year in the title of the marine order, the date that the marine order commences, and stating that it replaces the 2013 issue. | This is a minor editorial change that is necessary to give proper legal effect to the remade marine order. This does not change existing requirements and is not expected to have any regulatory impacts or affect compliance costs. |
| Section 3 – Purpose | Amendment to clarify that MO501 also provides details for infringement notices and the return of detained vessels. This section will also be renumbered as section 2 and some other subsequent sections will be renumbered as a consequence. | This is a minor editorial change to reflect current arrangements. This does not change existing requirements and is not expected to have any regulatory impacts or affect compliance costs. |
| Section 4 – Power | Amendment to remove sub-section 4A, which specifies paragraph 143(4)(a) of the National Law. | This is a minor editorial change that corrects a previous drafting error. The removed text is actually a reference to delegated content and is not strictly a power, so it is not relevant in this section. This does not change existing requirements and is not expected to have any regulatory impacts or affect compliance costs. |
| Section 6 – Standards | Amendment to remove reference to the NSCV Part D. | This is a minor editorial change to reflect current arrangements. The NSCV Part D has been repealed and is no longer in effect. This does not change existing requirements and is not expected to have any regulatory impacts or affect compliance costs. |
| Section 7 – Definitions | Amendment to remove reference to the Protection of the Sea (Harmful Anti-fouling Systems) Act 2006. | This is a minor editorial change to reflect current arrangements. The Act is not referenced in any marine orders under the National Law. This does not change existing requirements and is not expected to have any regulatory impacts or affect compliance costs. |
| Section 8 – Applications | Amendment to redraft existing text about applications made to AMSA in plain English and to remove an explanatory note that is no longer needed. | This is a minor editorial change to improve readability and reflect current arrangements. This does not change existing requirements and is not expected to have any regulatory impacts or affect compliance costs. |
| Section 9 – Form and content of applications | Amendment to insert a new explanatory note that refers the reader to Section 37, which provides more details about approved forms for applications to AMSA. | This is a minor editorial change to improve readability and reflect current arrangements. This does not change existing requirements and is not expected to have any regulatory impacts or affect compliance costs. |
| Section 9 – Form and content of applications | Amendment to remove an explanatory note that provides an example for subparagraph (a)(iii) in this section. | This is a minor editorial change to reflect current arrangements. The example is not relevant to marine orders under the National Law. This does not change existing requirements and is not expected to have any regulatory impacts or affect compliance costs. |
| Section 11 – Notification of applicant of progress of application | Amendment to swap paragraphs (a) and (b) to match the order of text in Section 10. | This is a minor editorial change to improve readability. This does not change existing requirements and is not expected to have any regulatory impacts or affect compliance costs. |
| Section 13 – Decision on application and notification of decision | Amendment to replace the phrase ‘not to approve’ with ‘to refuse’. The reference to ‘Order’ in the explanatory note here will also be changed to ‘Marine Order’. | This is a minor editorial change to improve readability and clarity. This does not change existing requirements and is not expected to have any regulatory impacts or affect compliance costs. |
| Section 14 – Information required for application for review | Amendment to revise the section heading text. The explanatory note here will also be redrafted. | This is a minor editorial change to improve readability and clarity. This does not change existing requirements and is not expected to have any regulatory impacts or affect compliance costs. |
| Division 4 – Review process | Amendment to revise the division heading and move some existing information in sub-divisions into a new Division 5. Some subsequent divisions will be renumbered as a consequence. | This is a minor editorial change to improve readability and clarity. This change will make a clearer distinction between decisions made under the National Law and those made under marine orders, which each have a different review process. This does not change existing requirements and is not expected to have any regulatory impacts or affect compliance costs. |
| Schedule 1 – Infringement notice offences | Amendment to clarify that it is also an offence where an owner fails to tell the National Regulator when a vessel ceases to be a domestic commercial vessel. | This is a minor editorial change to reflect current arrangements. This change will align the instrument with existing requirements under paragraph 6(1)(c) of Marine Order 502. This does not change existing requirements and is not expected to have any regulatory impacts or affect compliance costs. |