Navigation Act 2012 and AMSA Marine Orders: SOLAS, ISM and ISPS

Navigation Act 2012 framework

The Navigation Act 2012 (Cth) is the principal Commonwealth legislation governing international ship and seafarer safety in Australia. It superseded the previous Navigation Act 1912 and provides the overarching legal framework for these matters. The Act applies to Regulated Australian Vessels and foreign-flag ships operating in Australian waters. EPBC Act environment protection biodiversity considerations may also be relevant.

The Australian Maritime Safety Authority (AMSA) is responsible for administering the Navigation Act 2012. AMSA implements the Act’s requirements through subordinate Marine Orders, which provide the specific details necessary to comply with international conventions. These Marine Orders ensure consistent application of international standards.

AMSA also performs port state control functions, exercising authority over foreign-flag ships visiting Australian ports. This oversight is conducted in accordance with the Tokyo MoU on Port State Control, ensuring adherence to international safety and pollution prevention standards. Domestic Commercial Vessels are regulated under a separate legislative framework, the Marine Safety (Domestic Commercial Vessel) National Law Act 2012.

SOLAS implementation

The Navigation Act 2012 gives effect to the International Convention for the Safety of Life at Sea (SOLAS) 1974, as amended. Specific chapters of SOLAS relating to construction, fire protection, lifesaving, radiocommunications and safety of navigation are implemented in Australia through various Marine Orders. These include Marine Orders 12, 15, 21, 25 and 27. Biosecurity Act 2015 overview

SOLAS Chapter IX mandates a Safety Management Certificate and Document of Compliance, which are issued under the International Safety Management (ISM) Code. This requirement is given effect in Australia by Marine Order 58.

SOLAS Chapter XI-2 incorporates the International Ship and Port Facility Security (ISPS) Code. This applies to passenger vessels and cargo vessels of 500 gross tonnes and above undertaking international voyages. Vessels must hold and present statutory certificates, such as Cargo Ship Safety Construction and Safety Equipment Certificates, during inspections.

ISM Code and safety management systems

Marine Order 58 (Safe management of vessels) implements SOLAS Chapter IX and the International Safety Management (ISM) Code in Australia. This order requires all ships to have a documented Safety Management System (SMS). The SMS must cover policies, procedures, responsibilities and shipboard operations. WHS Act primary duty section 19 applies to ensuring the SMS is effective.

Companies operating ships must hold a Document of Compliance (DOC) issued for each ship type. Each individual ship operating under that DOC must also hold a Safety Management Certificate (SMC). These certificates demonstrate compliance with the ISM Code and are subject to periodic review and auditing.

To ensure effective communication and oversight, companies must appoint a designated person ashore (DPA). The DPA provides a direct link between shipboard management and the highest level of company management. Internal audits, management reviews and incident reporting are essential components underpinning ongoing ISM Code compliance.

ISPS Code and seafarer certification

Australian maritime security is implemented through the Maritime Transport and Offshore Facilities Security Act 2003 alongside the International Ship Security Code (ISPS Code) via the Safety of Life at Sea (SOLAS) Convention Chapter XI-2. Ships subject to the ISPS Code must have a Ship Security Plan and an International Ship Security Certificate, while ports require Port Facility Security Plans. Sanctions compliance Australia DFAT

Seafarer certificates of competency are issued by the Australian Maritime Safety Authority (AMSA) under Marine Order 70, which implements the Standards of Training, Certification and Watchkeeping (STCW) Convention. The STCW Convention establishes minimum standards for training, certification and watchkeeping for masters, officers and ratings.

AMSA has the authority to detain ships that are found to be non-compliant with SOLAS, the International Safety Management (ISM) Code, or the ISPS Code requirements during port state control inspections.