Document ID: chunk:federal_register_of_legislation:F2023L00103:body:0:p1
Version: federal_register_of_legislation:F2023L00103
Segment Type: other
Provision Reference: 
Character Range: 0–2929

AMSA MO 2023/1
Marine Order 98 (Harmful anti-fouling systems) 2023
I, Michael Kinley, Chief Executive Officer of the Australian Maritime Safety Authority, make this Marine Order under section 24 of the Protection of the Sea (Harmful Anti-fouling Systems) Act 2006.
6 February 2023
Michael Kinley
Chief Executive Officer

Division 1 Preliminary
1 Name of Marine Order
1A Commencement
1B Repeal of Marine Order 98 (Marine pollution — anti-fouling systems) 2013
2 Purpose
3 Power
4 Definitions
5 Application
Division 2 Matters for AFS Act
6 Anti-fouling certificates
7 Cancellation of anti-fouling certificates — service of notices
8 Notices of happenings
9 Anti-fouling declarations

Division 1 Preliminary

1 Name of Marine Order
        This Marine Order is Marine Order 98 (Harmful anti-fouling systems) 2023.

1A Commencement
        This Marine Order commences on 1 March 2023.

1B Repeal of Marine Order 98 (Marine pollution — anti-fouling systems) 2013
        Marine Order 98 (Marine pollution — anti-fouling systems) 2013 is repealed.

2 Purpose
        This Marine Order prescribes matters for the Protection of the Sea (Harmful Anti‑fouling Systems) Act 2006 (AFS Act) and gives effect to survey requirements under the International Convention on the Control of Harmful Anti‑fouling Systems on Ships (Convention).

3 Power
       (1) The following provisions of the AFS Act provide for this Marine Order to be made:
(a) paragraph 25(a) which provides for regulations to be made prescribing matters required or permitted by the Act to be prescribed;
(b) paragraph 25(b) which provides for regulations to be made prescribing matters necessary or convenient to be prescribed for carrying out or giving effect to the Act;
(c) paragraph 25(c) which provides for regulations to be made prescribing matters to give effect to the Convention, other than provisions of the Convention to which effect is given by the Act.
       (2) Section 24 of the AFS Act provides that AMSA may make Marine Orders about matters on which regulations may be made.

4 Definitions
        In this Marine Order:
AMSA has the same meaning as Authority in the AFS Act.
Note 1   Some terms used in this Marine Order are defined in Marine Order 1 (Administration) 2013, including:
         * AFS Act
         * IMO
Note 2   Other terms used in this Marine Order are defined in the AFS Act, including:
         * anti-fouling certificate
         * Australian ship
         * Convention
         * foreign ship
         * master
         * owner
         * ship
Note 3   Information on obtaining copies of any document mentioned in this Marine Order, including IMO Resolutions, is available from the AMSA website Marine Orders link at http://www.amsa.gov.au.

5 Application
        This Marine Order applies to an Australian ship.
Note   Parts 1, 2, 4 and 5 of the AFS Act apply to foreign ships. See the AFS Act for the obligations, responsibilities and