EXPLANATORY NOTES

Marine Orders, Part 49

(High-speed craft)
Issue 4
Order No 6 of 2002

Authority

1. Section 425(1) of the Navigation Act 1912 (Navigation Act) empowers

the Governor-General to make regulations necessary or convenient for
carrying out or giving effect to the Act.

2. Section 425 (1AA) of the Navigation Act allows the Australian Maritime
Safety Authority (AMSA) to make orders with respect to matters in Part
IV of the Act in relation to which provision may be made by regulations.

3. Marine Orders, Part 49, Issue 4 was made pursuant to section

425(1AA).

Gazette

4. Arrangements have been made for this Issue to be gazetted in the

Commonwealth of Australia Gazette, Government Notices,
Wednesday 26 June 2002.

Purpose

5. Marine Orders Part 49:

gives effect, for the purposes of section 191 of the Navigation Act,
to Chapter X of the International Convention for the Safety of Life
at Sea 1974 (SOLAS);
for the purposes of section 190B of the Navigation Act, provides
for the survey, inspection and issue of certificates in relation to
high-speed craft and specifies requirements for fittings and
equipment on board those craft.
6. Marine Orders Part 49, Issue 4:
repeals Issue 3;
gives effect to SOLAS amendments for the High-Speed Craft Code
(Resolution MSC.97(73)), adopted by the Maritime Safety
Committee of the International Maritime Organization (IMO)
December 2000.

Consultation

7. The draft text was circulated to the relevant industry and was placed on
the AMSA external website for public comments. The Marine Orders
take account of all valid comments made.
Overview

8. The Maritime Safety Committee of IMO at its 73rd meeting adopted

resolution MSC.99(73) on 5 December 2000. This resolution amended
Chapter X of SOLAS (Safety measures for high-speed craft).
Amendments to Chapter X make the High-Speed Craft Code (HSC
Code) 2000 mandatory for new ships. IMO Resolution MSC.97(73)
adopted HSC Code 2000 in December 2000. The HSC Code 2000 will
apply to all high-speed craft built after the date of entry into force,
1 July 2002.

9. Marine Orders Part 49 gives effect to chapter X of SOLAS and its

amendments in respect of high-speed craft. It specifies requirements
with which the construction, hull, equipment and machinery of high-
speed craft must comply, and makes provision for the survey, inspection
and issue of certificates in respect of high-speed craft.
10. This issue of Part 49 gives effect to the SOLAS amendments for the
HSC Code of 5 December 2000 adopted by IMO.

11. The opportunity has also been taken to update both the definitions
provision and the review of decisions provision to reflect current
administration titles and practices.

Contents of the Order

12. Provision 1 indicates the purpose for which this Order has been made.

13. Provision 2 provides definitions of words and phrases and Provision 3

provides interpretations both of which are necessary for proper
understanding of the Order.

14. Provision 4 specifies the ships to which this Part applies in relation to
the International Code of Safety for High-speed craft (HSC Code) of
1994 and 2000, and the Code of Safety for Dynamically Supported Craft
(DSC Code).

15. Provision 5 provides for the exemption of a ship from compliance with a
provision of this Part and for the acceptance of an equivalent fitting,
material, appliance or apparatus that is, at least, effective as that
required under the Part. This provision does not provide for an
exemption or equivalent that would contravene SOLAS, the DSC Code,
the 1994 HSC Code or the 2000 HSC Code.

16. Provision 6 provides for an internal review by the General Manager of a

decision made by the Chief Marine Surveyor under this Part. This
provision also provides for a review by the Administrative Appeals
Tribunal of specified decisions made under this Part and for a statement
of reasons to be provided by the decision-maker upon request of an
applicant.
17. Provision 7 prescribes the appropriate safety, construction and
equipment certificates to be issued in relation to the HSC Codes and
the DSC Code and the periods for which they remain in force.
18. Provision 7.7 species that the master of a high-speed craft must
ensure that the craft is operated in accordance with the requirements of
the 1994 HSC Code, the 2000 HSC Code or the DSC Code and that
the conditions of the permit to operate (incorporated in the certificate of
survey) are complied with. This provision also requires the master to
ensure that any exemption granted to the vessel for a particular voyage
must also be complied with. This requirement is a penal provision.
19. Provision 8 specifies that systems and equipment fitted to high-speed
craft must comply with the IMO Resolutions listed in the relevant code.

20. The Appendix provides the amendment to the Code of Safety for
Dynamically Supported Craft (Resolution MSC.37(63)) as adopted by
the Maritime Safety Committee of IMO.

Australian Maritime Safety Authority

June 2002