OVERVIEW
Matt Cini of Reel Time Fishing Charters sees the benefits of MSA providing ongoing Commercial Vessel Surveys for his fleet of Fishing Charter Vessels.
THE ISSUE
AMSA has been introducing sweeping changes to legislation, standards and requirements for Domestic Commercial Vessels since 2013 with yet more changes in the years to come and no sign of a status quo in sight.
The latest changes to Certificate of Survey requirements (Marine Order 503) introduced under the guise of “cost savings to industry” applies alarmingly infrequent mandatory inspection requirements for most vessels from July 2018.
Recent changes made by AMSA to the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 will see Domestic Commercial Vessel Operators subject to huge fines for deficiencies. State and Federal Marine Safety Inspectors are able to issue fines to Masters and the Owners.
Example: Breach duty to ensure safety of vessel, marine safety equipment and operations or to take reasonable care for safety of persons = 12 Penalty units for Master and 60 for Owner. Fail to display a Certificate of Survey = 12 Penalty units.
You can be issued with multiple infringements.
The fines payable for each infringement are:
- A$2520 per infringement for an individual.
- A$12,600 per infringement for a body corporate.
The monetary amount of each penalty unit is A$210.
There are 48 breaches of the national law that can be dealt with by infringement notices.
THE SOLUTION
Maritime Survey Australia urges our clients to follow the lead of premier operations such as Reel Time Fishing and look beyond the apparent short term cost saving and consider broader implications and regulatory risk to their businesses. What was once a consultative approach by past regulators is, under the new regime becoming increasingly adversarial and an enforcement centric system.
Whilst mandatory inspections may be less frequent, operators can expect more frequent surprise inspections from AMSA enforcement officers wielding legal instruments such as prohibition, improvement and direction notices. AMSA has a wide range of powers to suspend or revoke certificates and issue show cause notices. All of which have the potential to shut your operation down for extended periods of time. Furthermore, this enforcement centric model underpins a new survey mobility scheme which may well land you back in a more frequent inspection regime thus negating any cost saving initially gained.
Maritime Survey Australia have the expertise to be your advocates in survey and safety, engaging MSA to provide your business with comprehensive survey services will keep you ahead of the game and reduce the likelihood of regulatory oversight. In addition to mandatory inspections we offer all our clients intermediate non-mandatory inspections to keep you abreast of the constantly changing regulatory environment. MSA inspections will reduce your vessels insurance risk profile. Highly experienced MSA surveyors act as a peer review of your operation, highly beneficial in big and small businesses alike. Competitive service level agreement fees to protect you from compliance and bill shock in case of unexpected enforcement action. MSA have expertise in all survey fields only a phone call or email away, we will have the insight and first hand knowledge of your vessel, operation and the requirements that apply giving us the ability to answer queries that AMSA connect often will not be able to.
To ensure compliance schedule a commercial vessel compliance survey today with Maritime Survey Australia.
