Marine Order 94 (Marine pollution prevention — packaged harmful substances) 2014 (Cth)

AMSA MO 2014/1 Marine Order 94 (Marine pollution prevention — packaged harmful substances) 2014 I, Graham Peachey, Chief Executive Officer of the Australian Maritime Safety Authority, make this Order under subsection 342(1) of the Navigation Act 2012 and subsection 34(1) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983. 19 February 2014 Graham Peachey Chief Executive Officer

Division 1 Preliminary 1 Name of Order 2 Commencement 3 Repeal of Marine Order 94 (Marine pollution prevention — packaged harmful substances) 2009 4 Purpose 5 Power 6 Definitions 7 Application Division 2 Convention requirements 8 Convention requirements Division 3 Prescribed matters 9 Washing substances overboard 10 Prescribed manner of notifying an incident 11 Prescribed form — marine pollutants report 12 Prescribed time for giving a report Schedule 1 Marine pollutants report form Division 1 Preliminary

1 Name of Order This Order is Marine Order 94 (Marine pollution prevention — packaged harmful substances) 2014.

2 Commencement This Order commences on the day after it is registered.

3 Repeal of Marine Order 94 (Marine pollution prevention — packaged harmful substances) 2009 Marine Order 94 (Marine pollution prevention — packaged harmful substances) 2009 is repealed.

4 Purpose This Order: (a) gives effect to Annex III of MARPOL (which deals with prevention of marine pollution by harmful substances carried by sea in packaged form); and (b) prescribes matters for Part IIIA of the Pollution Prevention Act (which deals with the prevention of pollution by packaged harmful substances). Note Chapter 8 of the Navigation Act includes enforcement powers for inspectors, including inspection, directions and detention.

5 Power (1)This Order is made under both the Navigation Act and the Pollution Prevention Act. (2)The following provisions of the Navigation Act provide for this Order to be made: (a) subsection 339(1) which provides for regulations to be made prescribing matters required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act; (b) paragraph 340(1)(c) which provides for regulations to be made to give effect to MARPOL; (c) subsection 342(1) which provides that AMSA may make a Marine Order about anything that may or must be made by the regulations. (3)The following provisions of the Pollution Prevention Act provide for this Order to be made: (a) paragraphs 33(1)(a) and (b) which provide for regulations to be made prescribing matters required or permitted to be prescribed, or that are necessary or convenient to be prescribed for carrying out or giving effect to the Act; (b) paragraph 33(1)(c) which provides for regulations under paragraphs 33(1) (a) and (b) to be made to give effect to MARPOL; (c) subsection 34(1) which provides that AMSA may make orders for any matter (other than the imposition of penalties) for which provision may be made by regulation.