Australian maritime law and marine orders: a map for seafarers

The layers of the system

At the top are Acts of Parliament, which set the framework and the powers. Beneath them are regulations, which provide detail and are made by the Governor-General. Marine orders are made by AMSA under powers in the Acts, and they carry many of the operational and technical requirements. AMSA also issues guidance notices and other material to explain how it applies the law. Guidance helps you understand a requirement, but the legal text is the order itself.

International conventions such as SOLAS, MARPOL, STCW and the collision regulations apply in Australia because Australian law gives effect to them, usually through the Acts and then through marine orders.

The Navigation Act 2012

The Navigation Act 2012 is the main Act for shipping that is not covered by the domestic national law. It covers matters such as the safety of ships, the certification and employment of seafarers, the prevention of collisions, protection of the marine environment from shipping and enforcement. AMSA’s page on the Act explains how it is administered, and the Federal Register of Legislation holds the current text.

Marine orders numbered 1 to 98 mostly give effect to the Navigation Act and to the conventions it implements. Examples include Marine Order 21 on safety and emergency arrangements, Marine Order 27 on safety of navigation and radio equipment, Marine Order 28 on operations standards and procedures, Marine Order 30 on prevention of collisions, Marine Order 31 on SOLAS and non-SOLAS certification, Marine Order 70 on seafarer certification and Marine Order 71 on masters and deck officers. The pollution orders include Marine Order 91 on marine pollution prevention for oil.

The national law for domestic commercial vessels

The Marine Safety (Domestic Commercial Vessel) National Law was developed with the States and Territories to create a single national system for the safety of domestic commercial vessels, with AMSA as the national regulator. It operates together with a regulation and with marine orders numbered 501 to 507, which cover matters such as administration, certificates of survey, certificates of operation, certificates of competency and load line certificates under the national law.

For seafarers on domestic vessels, Marine Order 505, on certificates of competency, is the order most directly relevant to qualifications, and Marine Order 504, on certificates of operation, deals with operational requirements including safety management systems. The National Standard for Commercial Vessels sits alongside them. Our guide to the NSCV and our guide to safety management systems cover those pieces.

Other Acts you will meet

A few other Acts matter to deck officers. The Australian Maritime Safety Authority Act 1990 establishes AMSA and its functions. The Protection of the Sea (Prevention of Pollution from Ships) Act 1983 deals with marine pollution from ships. The Maritime Transport and Offshore Facilities Security Act 2003 deals with maritime security. Check the current titles and text on the Federal Register of Legislation, and ask AMSA if you are unsure which instrument covers a question.

How to find and read a marine order

1. Go to AMSA’s index of marine orders to find the number and title of the order relevant to your question.
2. Open the current version on the Federal Register of Legislation, which holds the authoritative text, and check the date of the version.
3. Read the application section first, which tells you which vessels and activities the order covers.
4. Read the definitions, then the operative provisions, then any schedules or appendices.
5. Check AMSA’s notices and news pages for recent or upcoming changes, and record the version you relied on.

How marine orders are made and why they change

AMSA’s page on how marine orders are created explains that orders are made as legislative instruments, following consultation, and are updated when conventions are amended or when practice changes. That is why quoting a marine order from memory is risky. A sensible way to show competence, in an exam or in practice, is to name the order, say what it deals with and explain how you would confirm the current requirement.

Studying legislation for an oral exam

• Build a one-page map for yourself showing the Acts, the regulation and the marine orders relevant to your certificate, with the one-line purpose of each.
• For each major topic on AMSA’s checklist, note which convention and which marine order apply.
• Practise saying where you would look for the answer and how you would confirm it is current.
• Avoid quoting section numbers you are not certain of. Say what the requirement is for and where to verify it.

Official sources

This guide was written from the following sources. Requirements change, so confirm the current position with the source before relying on it.

• Federal Register of Legislation: Navigation Act 2012
• AMSA: Navigation Act 2012
• AMSA: Index of marine orders
• AMSA: How marine orders are created
• Federal Register of Legislation: Marine Safety (Domestic Commercial Vessel) National Law Regulation 2013
• Federal Register of Legislation: Marine Order 505 (Certificates of competency, national law)
• AMSA: Regulations and standards

Related certificate guides

• Master Unlimited
• Chief Mate Unlimited
• Master <45 m Near Coastal
• Master <100 m Near Coastal
• AMSA oral exam preparation guide

Keep reading

• The National Standard for Commercial Vessels (NSCV) explained for seafarers
• Safety management systems explained: the ISM Code and domestic vessels
• Master Unlimited oral exam: the themes behind the questions
• Maritime glossary for plain-language definitions of the terms used here.
• More in Australian maritime legislation, or browse the knowledge centre.