Marine Order 32 (Cargo handling equipment) 2016 [F2016L01935]-Concluded matters [2017] AUSStaCSDLM 110 (22 March 2017)

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Instrument	Marine Order 32 (Cargo handling equipment) 2016 [F2016L01935]
Purpose	Prescribes matters for machinery and equipment of a vessel that is used for loading or unloading including its inspection, testing, maintenance and operation
Last day to disallow	9 May 2017
Authorising legislation	Navigation Act 2012
Department	Infrastructure and Regional Development
Scrutiny principle	Standing Order 23(3)(a)
Previously reported in	Delegated legislation monitor 1 of 2017

Drafting

The committee commented as follows:

Subsection 13(4) of Schedule 3 to the order requires that 'material, design, manufacture, marking, testing and certification of flat synthetic-webbing slings must comply with the relevant Australian Standards or Appendix E of the ILO (International Labour Organization) Code'.

However, neither the order nor the ES states which relevant Australian Standards apply in this instance.

The committee requests the advice of the minister in relation to the above.

Minister's response

The Minister for Infrastructure and Transport advised:

The Australian Maritime Safety Authority [AMSA] has advised that this was an oversight and that the Order will be amended as soon as possible to clearly identify the Australian Standards that are to apply. Consistent with the Committee's Guidelines on incorporation, information will be provided as to the manner of incorporation of the standards and how and where the standards may be accessed.

Committee's response

The committee thanks the minister for his response and has concluded its examination of the instrument.

The committee notes the minister's undertaking that AMSA will amend the order

to specify the Australian Standards that are to apply, the manner in which they are incorporated and how and where they can be accessed. In this regard, the committee notes its expectations that incorporated documents be readily and freely available (i.e. without cost) to the public.

The committee's expectations in this regard are set out in the guideline on incorporation in Appendix 1.