Chapter 5 - Minor Treaty Actions

Minor Treaty Actions
1. Minor treaty actions are, in most instances, technical amendments to existing treaties that do not significantly impact the national interest. They are presented to the Committee with an explanatory statement and are published on the Committee’s website unless a request for confidentiality is received and agreed to by the Committee.
2. The Committee can choose to formally inquire into these treaty actions or accept them without a formal inquiry. Once considered they are incorporated into a report of the Committee at the next opportunity.
3. The Committee has been referred the following eight minor treaty actions.

Amendments to the International Convention for the Safety of Life at Sea, 1974

Referral of the proposed minor treaty actions

5.4On 3 September 2025, the Minister for Foreign Affairs, Senator the Hon Penny Wong, referred the following eight Maritime Safety Committee (MSC) Resolutions:

1Amendments to the International Convention for the Safety of Life at Sea, 1974 Resolution MSC.520(106)

2Amendments to the International Convention for the Safety of Life at Sea, 1974 Resolution MSC.522(106)

3Amendments to the International Convention for the Safety of Life at Sea, 1974 Resolution MSC.532(107)

4Amendments to the International Convention for the Safety of Life at Sea, 1974 Resolution MSC.533(107)

5Amendments to the International Convention for the Safety of Life at Sea, 1974 Resolution MSC.534(107)

6Amendments to the International Convention for the Safety of Life at Sea, 1974 Resolution MSC.549(108)

7Amendments to the International Convention for the Safety of Life at Sea, 1974 Resolution MSC.550(108)

8Amendments to the International Convention for the Safety of Life at Sea, 1974 Resolution MSC.559(108)

Background

5.5The International Convention for the Safety of Life at Sea, 1974 (SOLAS Convention) is an international tool that establishes the minimum standards for the construction, equipment and operation of ships, compatible with their safety.[1] The following amendments to it are expected to have negligible practical, legal, and financial effect on Australia.[2]

Proposed minor treaty actions

Resolution MSC.520(106)

5.6Resolution MSC.520(106) introduces new safety procedures for the transport of oil fuel by ships to address concerns about the verification of the flashpoint of bunkered fuel oil.[3] The resolution expands the requirements for ships constructed before 1 July 2012 to include limitations on the use of oil fuel, and inserts new definitions for the terms: confirmed case (flashpoint), representative sample, and oil fuel.[4] The resolution inserts a new requirement for oil fuel suppliers to certify that their fuel oil complies with the limitations set out in the existing Chapter II-2 of SOLAS.[5] The changes also require Contracting Governments to ensure that appropriate authorities report to the International Maritime Organization (IMO) all confirmed cases where oil fuel suppliers fail to meet the requirements.[6]

Resolution MSC.522(106)

5.7Resolution MSC.522(106) is a minor administrative change that replaces the existing Cargo Ship Safety Equipment Certificate under the 1978 SOLAS Protocol to align with recent amendments to SOLAS chapter IV by resolution MSC 496(105).[7] The change to this form acknowledges that requirements for radio installations used in life-saving appliances are now addressed within the Cargo Ship Radio Certificate.[8]

Resolution MSC.532(107)

5.8Resolution MSC.532(107) inserts new requirements for onboard lifting appliances and anchor handling winches installed on or after 1 January 2026 to be in accordance with established standards by the IMO.[9] Secondly, the resolution prohibits the use of dangerous fire-extinguishing substances such as those containing perfluorooctane sulfonic acid (PFOS) for ships constructed on or after 1 January 2026.[10] Thirdly, the resolution updates the requirements for navigational systems on containerships and bulk carriers of 3,000 gross tonnage and upwards constructed on or after 1 January 2026 to include an electronic inclinometer.[11] Finally the resolution updates the criteria for the classification of ships where the Polar Code applies.[12]

Resolution MSC.533(107)

5.9Resolution MSC.533(107) is a minor administrative change that updates the Safety Equipment Certification for Cargo ships to include “Containership” as a type of ship within the SOLAS Protocol of 1978.[13]

Resolution MSC.534(107)

5.10Resolution MSC.534(107) is a minor administrative change that updates the Safety Equipment Certification for Cargo ships and the Safety Certificate for Cargo Ships to include “Containership” as a type of ship within the SOLAS Protocol of 1988.[14]

Resolution MSC.549(108)

5.11Resolution MSC.549(108) updates the standards for emergency towing arrangements and procedures for ships other than tankers.[15] The resolution outlines that ships, other than tankers, of not less than 20,000 gross tonnage, constructed on or after 1 January 2028 are firstly required to be capable of rapid deployment in the absence of main power on the ship to be towed and easy connection to the towing ship.[16] The resolution also states that emergency towing arrangements shall be of adequate strength given the size of the ship, and that the design, construction and prototyping of emergency towing arrangements are approved by the IMO.[17]

Resolution MSC.550(108)

5.12Resolution MSC.550(108) updates standards relating to fire prevention, detection, containment, and extinction, as well as mandatory reporting of the loss of containers at sea.[18] The resolution revises the standard of fire detection and alarm systems for passenger ships carrying more than thirty-six passengers, and expands fire protection methods for cargo ships constructed after 1 January 2026.[19] The resolution also introduces a requirement for the master of every ship involved in the loss of a container to communicate the details of each incident to ships in the vicinity, the nearest coastal state, and the flag state.[20]

Resolution MSC.559(108)

5.13Resolution MSC.559(108) updates the Requirements for the annual examination and operational testing of lifeboats, rescue boats, and fast rescue boats (the Requirements).[21] The Requirements were adopted in MSC.402(96) and are mandatory under Regulation 3 of Chapter III of the SOLAS Convention.[22] This resolution adds ventilation systems to the list of items onboard lifeboats, rescue boats, and fast rescue boats that are subject to annual examination for satisfactory condition and operation.[23]

Justifications

5.14Australia’s decision to not object to the resolutions support its commitment to ensuring the rules and standards applicable to the construction, equipment and operation of ships in Australia remain consistent with international standards.[24] The assessments are supported by the Australian Maritime Safety Authority (AMSA) which has a wide range of regular stakeholder engagement forums through which it engages on emerging policy issues, including the National Safety Committee and the Shipping Consultative Forum. No concerns were raised at these.[25]

Legislative changes

5.15For Amendments to the International Convention for the Safety of Life at Sea, 1974 Resolution MSC.549(108) it is anticipated that some amendments may be required for the existing Marine Order 12, however this is subject to Guidelines which are still being developed by IMO and will be implemented by 1 January 2028.[26]

5.16For Amendments to the International Convention for the Safety of Life at Sea, 1974 Resolution MSC.550(108), Legislative changes are required to Section 186 of the Navigation Act 2012 (Navigation Act) concerning reporting requirements of marine incidents to AMSA for masters, and section 187 of the Navigation Act concerning reporting dangers to navigation, to include the reporting of loss of freight containers from a ship.[27]

5.17No legislative changes are required to implement the other proposed minor treaty actions.[28]

Conclusion

5.18The Committee resolved that the following minor treaty actions be endorsed as minor treaty actions without a formal inquiry and that binding treaty action be recommended: