Marine Order 2 (Australian International Shipping Register) 2013 (Cth)

Marine Order 2 (Australian International Shipping Register) 2013

made under the Navigation Act 2012

This compilation was prepared on 4 November 2014 taking into account amendments up to Marine Order 2 (Australian International Shipping Register) Amendment 2014 (No. 1). It is a compilation of the Order as amended and in force on 1 November 2014.

Prepared by the Office of Legislative Drafting, Australian Maritime Safety Authority

1 Name of Order.................................................................................................... 3

3 Purpose.............................................................................................................. 3

4 Power................................................................................................................. 3

5 Definitions.......................................................................................................... 3

6 Application.......................................................................................................... 3

7 Modification of Marine Orders.............................................................................. 4

Schedule 1Modifications................................................................................................. 4

Division 2Marine Order 11 (Living and working conditions on vessels) 2013............... 4

Division 3Marine Order 12 (Construction — subdivision and stability, machinery and electrical installations) 2009 5

Division 5Marine Order 21 (Safety of navigation and emergency procedures) 2012.... 7

Division 6Marine Order 25 (Equipment — life-saving) 2009........................................ 7

Division 7Marine Order 27 (Radio equipment) 2009................................................... 7

Division 8Marine Order 28 (Operations standards and procedures) 2012.................... 7

Division 9Marine Order 70 (Seafarer certification) 2014............................................. 8

Name of Order

This Order is Marine Order 2 (Australian International Shipping Register) 2013.

Purpose

This Order:

(a) provides for qualifications for seafarers who work on International Register vessels; and

(b) provides for construction, equipment and operational requirements for International Register vessels.

Note For requirements about the employment conditions of seafarers who work on International Register vessels — see Marine Order 11 (Living and working conditions on vessels) 2013.

Power

(1) Subsection 342(1) of the Navigation Act provides that AMSA may, by legislative instrument, make an order (to be known as a Marine Order) for any matter for which provision must or may be made by the regulations.

(2) Subsection 343(2) of the Navigation Act provides that the Marine Orders may provide for specified orders that were in force under the Navigation Act 1912 immediately before its repeal to have effect, for the Navigation Act, with any modifications that are specified in the Marine Orders.

5 Definitions

In this Order:

International Register vessel means a ship registered on the Australian International Shipping Register.

Note 1 Some terms used in this Order are defined or explained in Marine Order 1 (Administration) 2011 including:

· Australian International Shipping Register

· Marine Order

· Navigation Act.

Note 2 Other terms are defined in the Navigation Act, including:

· master

· owner

· seafarer

· vessel.

Application

This Order applies to:

(a) each seafarer who works or proposes to work on board an International Register vessel; and

(b) International Register vessels; and

(c) owners of International Register vessels.

Modification of Marine Orders

(1) Each Marine Order mentioned in a Division heading of Schedule 1 is modified in accordance with the Division that applies to the Marine Order.

(2) For subsection (1), the reference to each Marine Order includes any modifications to the Order made by Marine Order 4 (Transitional modifications) 2013.

Note 1 Marine Orders that are not modified by this Order also apply to the vessels and persons mentioned in section 6.

Note 2 Marine Order 2 (Australian International Shipping Register) 2012 ceased to have effect on the repeal of its parent Act, the Navigation Act 1912, on 1 July 2013.

Schedule 1 Modifications

(section 7)

Division 2 Marine Order 11 (Living and working conditions on vessels) 2013

[15] Section 5, after definition of hours of work

insert

International Register vessel means a ship registered on the Australian International Shipping Register.

[16] Section 5, note 1

after

including:

insert

· Australian International Shipping Register

[17] Subsection 7(5)

substitute

(5) An International Register vessel that was constructed before 21 August 2013 need not comply with Divisions 10, 11, 12 (other than sections 89 and 90), 13 and 14 and subsection 56(2) of this Order if AMSA approves the arrangements for the following kinds of accommodation on the vessel:

(a) accommodation of the crew or master;

(b) accommodation of the passengers;

(c) hospital accommodation.

7A AMSA approval of accommodation arrangements for certain International Register vessels

(1) For subsection 7(5), the owner of an International Register vessel may apply to AMSA for approval of accommodation arrangements.

(2) AMSA may approve the arrangements after considering:

(a) the date of construction of the ship; and

(b) the standards for accommodation on vessels that were in force in Australia at the time of construction of the vessel.

Examples for paragraph (b)

ILO ship construction standards and, until 1 July 2013, Marine Orders Part 14, issue 1 (Accommodation).

(3) AMSA may impose conditions on the approval.

Division 3 Marine Order 12 (Construction — subdivision and stability, machinery and electrical installations) 2009

[18] Section 2, after definition of IMCA

insert

International Register vessel means a ship registered on the Australian International Shipping Register.

[19] Section 2, note 2

after

including:

insert

· Australian International Shipping Register

[20] Schedule 1, subclause 2.1

substitute

2.1 Application

2.1.1 An International Register vessel constructed before 1 July 2013 must comply with the bilge pumping requirements of the recognised organisation of the ship and need not comply with this requirement.

Note For a list of approved recognised organisations and their websites see Marine Order 1 (Administration) 2012.

2.1.2 An International Register ship constructed on or after 1 July 2013 must comply with this requirement.

2.1A General

The requirements in paragraph 3 of Regulation 35-1 of Chapter II-1 of SOLAS for passenger ships are to be applied to cargo ships as far as practicable.

[21] Schedule 1, clause 6

substitute

6 Electrical installations — emergency sources of power

[relates to Regulation 43 of SOLAS]

6.1 Application

6.1.1 An International Register vessel constructed before 1 July 2013 must comply with paragraph 1.4 of Regulation 42 of Chapter II-1 of SOLAS.

6.1.2 An International Register vessel constructed on or after 1 July 2013 must comply with subclause 6.2.

6.2 Capability of emergency power source

In addition to the emergency power availability required by Regulation 43 of Chapter II-1 of SOLAS, the emergency power source must be capable of:

(a)operating the machinery space fixed pressure water spraying fire-extinguishing system pump, if any, for at least 18 hours; and

(b)providing any other services, for any periods, that the Manager, Ship Inspection and Registration considers necessary for the safety of all on board in such an emergency.

[22] Schedule 1, subclause 8.1

omit

AS 1735 (lifts, escalators and moving walks)

insert

ISO 8383:1985 (Lifts on ships — Specific requirements)

[23] Schedule 1, subclause 8.2

omit

AS 1735. A reference to the ‘Statutory Authority’ in AS 1735 means AMSA.

insert

ISO 8383:1985.

[24] Schedule 1, subclauses 8.3 and 8.12

omit each occurrence of

AS 1735

insert

ISO 8383:1985

[25] Schedule 1, subclause 11.3.1

substitute

11.3.1 A fuel gas cylinder and an oxygen cylinder must comply with any of the following as in force on 1 July 2013:

(a) AS 2030 (Gas cylinders);

(b) any of the following ISO standards:

(i) ISO 14113:2007 (Gas welding equipment. Rubber and plastics hose and hose assemblies for use with industrial gases up to 450 bar (45 MPa);

(ii) ISO 2503:1998 (Gas welding equipment. Pressure regulators for gas cylinders used in welding, cutting and allied processes up to 300 bar);

(iii) ISO 9090: 1989 (Gas tightness of equipment for gas welding and allied processes);

(iv) ISO 9539:2010 (Gas welding equipment — Materials for equipment used in gas welding, cutting and allied processes);

(v) ISO 14114:2009 (Gas welding equipment — Acetylene manifold systems for welding, cutting and allied processes — general requirements);

(c) both:

(i) the requirements of any of the standards mentioned in paragraph (b) that replace requirements of AS 2030 (Gas cylinders); and

(ii) the other requirements of AS2030 (Gas cylinders).

Note A person may also apply for approval by the Manager, Ship Inspection and Registration for an equivalent standard to be complied with instead — see section 6.

Division 5 Marine Order 21 (Safety of navigation and emergency procedures) 2012

[36] Subsection 55.7

omit

Division 6 Marine Order 25 (Equipment — life-saving) 2009

[37] Schedule 1, clause 2

omit

[38] Schedule 1, subclause 3.6

omit

[39] Schedule 1, subclause 4.2.1, including the notes

substitute

4.2.1 The normal equipment of a liferaft as set out in paragraph 4.1.5.1 of the LSA Code is varied so that the first-aid outfit required by paragraph 4.1.5.1.8 of the LSA Code must comply with Schedule 2.

Division 7 Marine Order 27 (Radio equipment) 2009

[40] Paragraph 8.5(c)

omit

Division 8 Marine Order 28 (Operations standards and procedures) 2012

[41] Subsection 18.3

omit

Division 9 Marine Order 70 (Seafarer certification) 2014

[1] Section 4, after definition of approved

Australian national has the same meaning as in subsection 3(1) of the Shipping Registration Act 1981.

Australian resident has the same meaning as in subsection 3(1) of the Shipping Registration Act 1981.

certificate of equivalence means a certificate of equivalence issued by AMSA under section 31 of the Navigation Act.

[2] Section 4, after definition of final assessment

insert

foreign certificate means a certificate that is:

(a) issued by a maritime administration of a country recognised by Australia,

under a memorandum of understanding, for the recognition of seafarers’

qualifications; and

(b) endorsed in accordance with the following provisions of the STCW Convention:

(i) for a deck officer — regulation II/1 or II/2;

(ii) for an engineer officer — regulation III/1, III/2,

III/3 or III/6;

(iii) for a deck rating — regulation II/4 or II/5;

(iv) for an engine room rating — regulation III/4 or III/5; and

(c) in force under the law of the country that authorises the person holding the

certificate to perform duties or functions as a qualified master, officer or seaman.

Note The countries with which Australia has a memorandum of understanding are listed on the

AMSA website at Section 4, after definition of HSC Code

insert

interim certificate of equivalence means an interim certificate of equivalence issued by AMSA under section 31 of the Navigation Act.

[4] Section 4, note 3

after

· AMSA Act

insert

· Australian International Shipping Register

[5] Section 6

substitute

6 Application

This Order applies to a person:

(a) performing or intending to perform duties or functions as a qualified master, deck officer, engineer officer or other seafarer on an International Register vessel; or

(b) holding a valid interim certificate of equivalence or a certificate of equivalence issued by AMSA.

[6] Paragraph 7(2)(b)

substitute

(b) a certificate of recognition of a class mentioned in paragraph (1)(a), (1)(b) or (1)(c); and

(c) an interim certificate of equivalence; and

(d) a certificate of equivalence.

[7] After subsection 7(3)

insert

(3A) However:

(a) the holder of an interim certificate of equivalence or certificate of equivalence is qualified to serve or to be employed only on an International Register vessel; and

(b) a person who is not an Australian national or an Australian resident may serve or be employed on an International Register vessel as a Master, Chief Mate, Chief Engineer or First Engineer only if he or she has a valid certificate of equivalence, certificate of recognition or certificate of competency issued by AMSA that qualifies the holder to serve or be employed to perform the duties or functions of a Master, Chief Mate, Chief Engineer or First Engineer.

Note It is a condition of registration of a ship in the Australian International Shipping Register that an Australian national or Australian resident is the master or chief mate of the ship and an Australian national or Australian resident is chief engineer or first engineer — see s 33A of the Shipping Registration Act 1981.

[8] Subsection 10(1)

after the first mention of

certificate

insert

other than a certificate of equivalence

[9] After subsection 10(1)

insert

(1A) An application for a seafarer certificate that is a certificate of equivalence must be in writing.

Note If a form is approved for the application, the approved form must be used and is available on the AMSA website at — see Marine Order 1 (Administration) 2013.

[10] Section 15

substitute

14A Additional conditions for interim certificates of equivalence and certificates of equivalence

An interim certificate of equivalence or certificate of equivalence is also subject to the condition that the holder of the certificate has completed:

(a)if the person is to perform cargo duties on a tanker — basic training in tanker familiarisation (that complies with STCW Code section A-V/1-1 paragraph 1 (oil and chemical) and section A-V/1-2 paragraph 1 (liquefied gas)); and

(b) if the person is to perform and monitor oil tanker cargo operations — advanced training that complies with STCW Code section A‑V/1‑1 paragraph 2; and

(c) if the person is to perform and monitor chemical tanker cargo operations — advanced training that complies with STCW Code section A‑V/1‑1, paragraph 3; and

(d) if the person is to perform and monitor liquefied gas tanker cargo operations — advanced training that complies with STCW Code section A‑V/1‑2, paragraph 2; and

(e) if the person is to perform duties as a deck officer or engineer officer and provide medical first aid — training in medical first aid (that complies with STCW Code section A‑VI/4 paragraphs 1 to 3); and

(f) if the person is to perform duties as a master or deck officer and will take charge of medical care— training in medical care on board ship (that complies with STCW Code section A‑VI/4 paragraphs 4 to 6).

15 Term of interim certificate of equivalence

(1) An interim certificate of equivalence, and any endorsement of it, expires 3 months after the date of issue of the certificate.

(2) However, if AMSA has determined an earlier date for expiry of the certificate, the certificate, and any endorsement of it, expires on that date.

15A Term of certificate of equivalence

A certificate of equivalence, but not an interim certificate of equivalence, remains current until the expiry of the certificate being recognised, or for any lesser period determined by AMSA.

[11] After Division 3, heading

insert

15B Application of Subdivision 3.1

This Subdivision does not apply to a seafarer certificate that is an interim certificate of equivalence or a certificate of equivalence.

[12] After subsection 23

insert

23A Eligibility criteria for interim certificate of equivalence

For paragraph 31(1)(b) of the Navigation Act, the criteria for the issue by AMSA to a person of an interim certificate of equivalence are that:

(a) the person holds a foreign certificate; and

(b) the person is not an Australian national or an Australian resident; and.

(c) the person shows AMSA the person’s foreign certificate or a certified copy of the certificate; and

(d) the foreign certificate is for the duties or functions the person will perform; and

(e) AMSA is satisfied:

(i) of the applicant’s identity; and

(ii) of the authenticity of the foreign certificate; and

(iii) that the person holds a certificate of medical fitness in accordance with Marine Order 9 (Health — medical fitness) 2010; and

(iv) that the applicant will be performing Watchkeeper Deck, Engineer Watchkeeper or ratings duties or functions on an International Register vessel.

23B Eligibility criteria for certificate of equivalence

(1) For paragraph 31(1)(b) of the Navigation Act, the criteria for the issue by AMSA of a certificate of equivalence to a person who is to work as a rating on an International Register vessel are that:

(a) the person holds a foreign certificate; and

(b) the person is not an Australian national or an Australian resident; and

(c) the person shows AMSA the person’s foreign certificate for ratings duties or functions or a certified copy of the certificate; and

(d) AMSA is satisfied:

(i) of the applicant’s identity; and

(ii) of the authenticity of the foreign certificate; and

(iii) that the person holds a certificate of medical fitness in accordance with Marine Order 9 (Health — medical fitness) 2010; and

(iv) that the person has passed an approved English language assessment; and

(v) that the applicant will be working as a rating on an International Register vessel.

(2) For paragraph 31(1)(b) of the Navigation Act, the criteria for the issue by AMSA of a certificate of equivalence to a person who is to work as an officer on an International Register vessel are that:

(a) the person holds a foreign certificate; and

(b) the person is not an Australian national or an Australian resident; and

(c) the person shows AMSA the person’s foreign certificate for the kind of officer duties or functions the person is to perform a certified copy of the certificate; and

(d) AMSA is satisfied:

(i) of the applicant’s identity; and

(ii) of the authenticity of the foreign certificate; and

(iii) that the person holds a certificate of medical fitness in accordance with Marine Order 9 (Health — medical fitness) 2010; and

(iv) the person will be working as an officer on an International Register vessel; and

(e) the person has passed an assessment in knowledge of the Australian maritime regulatory framework to the satisfaction of AMSA; and

(f) the person has passed an approved English language assessment to the satisfaction of AMSA.

(3) For paragraph 31(1)(b) of the Act, the criterion for the issue by AMSA of a further certificate of equivalence to a person holding a certificate of equivalence that has expired is that AMSA is satisfied that:

(a) the foreign certificate the person holds has been revalidated; and

(b) the person holds a certificate of medical fitness in accordance with Marine Order 9 (Health —medical fitness) 2010.

Note The holder of the revalidated foreign certificate need not undergo any further assessment for a further certificate of equivalence to be issued.

23C Requirements for assessments

(1) If a person must pass an approved English language assessment or an assessment in knowledge of the Australian maritime regulatory framework before being issued a certificate of equivalence, the examination must be passed, unless AMSA determines otherwise:

(a) when all other eligibility criteria have been met; and

(b) within the 12 months before the certificate is issued.

(2) If AMSA considers that the person is unable to meet the standard required to pass the assessment because the person lacks sufficient practical knowledge, the person cannot be reassessed for a period, determined by AMSA as reasonably required for the person to gain the practical knowledge, of up to 6 months.

[13] Subsection 31(1)

substitute

(1) A person who holds a seafarer certificate other than a certificate of equivalence may apply to AMSA to revalidate the certificate if it is not suspended or revoked.

Note 1 A fee may be determined for this section — see section 47 of the AMSA Act.

Note 2 Although a person may not apply for revalidation of a certificate of equivalence a person may apply for a further certificate of equivalence — see subsection 23B(3).

[14] Subsection 36(3)

after

recognition

insert

or a certificate of equivalence

Notes to Marine Order 2 (Australian International Shipping Register) 2013

Note 1

Marine Order 2 (Australian International Shipping Register) 2013 (in force under subsection 342(1) of the Navigation Act 2012) as shown in this compilation comprises Marine Order 2 (Australian International Shipping Register) 2013 amended as indicated in the following tables.

Table of Orders

Year and number	Registration date	FRLI number	Commencement date	Application, saving or transitional provisions
Marine Order 2 (Australian International Shipping Register) 2013 (MO 2013/2)	27 May 2013	F2013L00848	1 July 2013	–
Marine Order 2 (Australian International Shipping Register) Amendment 2014 (No. 1) (MO 2014/ 16)	31 October 2014	F2014L01455	1 November 2014	–

Table of amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
s. 2...........................................	rep. Legislative Instruments Act 2013, s. 48D
Sch1, Div 1.............................	rep. MO2014/16
Sch 1, Div 2, item 17............	am. MO2014/16
Sch 1, Div 4............................	rep. MO2014/6
Sch 1, Div 9............................	ad. MO2014/6