Marine Order 4 (Transitional modifications) 2013 (Cth)
AMSA MO 2013/3
Marine Order 4 (Transitional modifications) 2013
I, Graham Peachey, Chief Executive Officer of the Australian Maritime Safety Authority, make this Order under subsection 342(1) of the Navigation Act 2012.
16 May 2013
Graham Peachey
Chief Executive Officer
1 Name of Order............................................................................................... 3
2 Commencement............................................................................................ 3
3 Modification of orders.................................................................................... 3
Schedule 1 Marine Order 1, issue 2................................................................................... 3
Schedule 2 Marine Orders Part 3, issue 6......................................................................... 15
Schedule 3 Marine Orders Part 6, issue 5......................................................................... 36
Schedule 4 Marine Orders Part 9, issue 6......................................................................... 42
Schedule 5 Marine Orders Part 12, issue 3....................................................................... 48
Schedule 6 Marine Orders Part 15, issue 5....................................................................... 54
Schedule 7 Marine Orders Part 16, issue 3....................................................................... 57
Schedule 8 Marine Orders Part 17, issue 6....................................................................... 77
Schedule 9 Marine Orders Part 18, issue 4....................................................................... 84
Schedule 10 Marine Orders Part 19, issue 4....................................................................... 89
Schedule 11 Marine Orders Part 21, issue 8....................................................................... 93
Schedule 12 Marine Orders Part 25, issue 7..................................................................... 108
Schedule 13 Marine Orders Part 27, issue 4..................................................................... 113
Schedule 14 Marine Order 28, issue 4.............................................................................. 119
Schedule 15 Marine Orders Part 30, issue 8..................................................................... 122
Schedule 16 Marine Orders Part 31, issue 6..................................................................... 124
Schedule 17 Marine Orders Part 32, issue 3..................................................................... 136
Schedule 18 Marine Orders Part 33, issue 4..................................................................... 145
Schedule 19 Marine Orders Part 34, issue 6..................................................................... 150
Schedule 20 Marine Orders Part 35, issue 2..................................................................... 156
Schedule 21 Marine Orders Part 41, issue 10................................................................... 159
Schedule 22 Marine Orders Part 42, issue 2..................................................................... 169
Schedule 23 Marine Orders Part 43, issue 6..................................................................... 175
Schedule 24 Marine Orders Part 44, issue 5..................................................................... 197
Schedule 25 Marine Orders Part 47, issue 3..................................................................... 201
Schedule 26 Marine Orders Part 49, issue 5..................................................................... 209
Schedule 27 Marine Orders Part 50, issue 6..................................................................... 214
Schedule 28 Marine Orders Part 51, issue 1..................................................................... 218
Schedule 29 Marine Orders Part 52, issue 2..................................................................... 222
Schedule 30 Marine Orders Part 54, issue 5..................................................................... 227
Schedule 31 Marine Orders Part 55, issue 2..................................................................... 238
Schedule 32 Marine Orders Part 56, issue 2..................................................................... 240
Schedule 33 Marine Orders Part 57, issue 3..................................................................... 243
Schedule 34 Marine Orders Part 58, issue 2..................................................................... 246
Schedule 35 Marine Order 59, issue 2.............................................................................. 251
Schedule 36 Marine Order 60, issue 2.............................................................................. 254
Schedule 37 Marine Order 62, issue 1.............................................................................. 261
Schedule 38 Marine Order 91, issue 5.............................................................................. 264
Schedule 39 Marine Orders Part 93, issue 5..................................................................... 271
Schedule 40 Marine Orders Part 94, issue 5..................................................................... 280
Schedule 41 Marine Orders Part 96, issue 2..................................................................... 283
Schedule 42 Marine Orders Part 97, issue 1..................................................................... 290
Name of Order
This Order is Marine Order 4 (Transitional modifications) 2013.
Commencement
(1) This Order commences on 1 July 2013.
(2) However, for Schedules 7 and 16, Division 2 commences immediately after Division 1.
Modification of orders
For subsection 343(2) of the Navigation Act 2012, each order mentioned in the title of a Schedule has effect with the modifications of the order mentioned in the Schedule.
Note 1 Marine Orders Part 11 (Substandard ships) is not supported by the Navigation Act 2012 and is not being modified. It therefore ceases to have effect on 1 July 2013. However, a new Marine Order 11 (Living and working conditions on vessels) 2013 commences on 1 July 2013. It combines the material formerly in Marine Orders Part 10 (Medical first aid on ships), Marine Orders Part 14 (Accommodation) and Marine Orders Part 53 (Employment of crews), which also are not being modified and therefore cease to have effect on 1 July 2013.
Note 2 Marine Orders Part 61 (Safe working on board ships) is also not supported by the Navigation Act 2012 and is not being modified. It therefore ceases to have effect on 1 July 2013. The effect of the order is dealt with under the Occupational Health and Safety (Maritime Industry) Act 1993.
Note 3 Provisions of some orders as in force immediately before 1 July 2013 were made under both the Navigation Act 1912 and the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 and are modified by this Order to the extent that they were made under the Navigation Act 1912. Therefore, from 1 July 2013, the text of those provisions to the extent that they were made under the Navigation Act 1912 (and modified) will differ from the text of the provisions to the extent that they were made under the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.
Note 4 The orders as modified do not constitute compilations for the Legislative Instruments Act 2003. Compilations of the modified orders are available on AMSA’s website at 1 Marine Order 1, issue 2
(section 3)
[1] Section 4
substitute
4 Purpose
The purpose of this Order is:
(a) to facilitate the consistency and shortening of Marine Orders by setting out:
(i) rules of interpretation that generally apply to all Marine Orders; and
(ii) generic provisions that a Marine Order may adopt; and
(b) to prescribe recognised organisations; and
(c) to prescribe matters for the Navigation Act arrangements for vessels to opt in to coverage under the Navigation Act; and
(d) to provide for the enforcement of civil penalty provisions in Marine Orders.
4A Power
4A.1 Paragraph 25(2)(d) of the Navigation Act provides for regulations to prescribe matters of which AMSA must be satisfied before, by written instrument, making an opt-in declaration for a vessel.
4A.2 Subsection 26(2) of the Navigation Act provides that if AMSA is satisfied of matters prescribed by the regulations AMSA is to revoke an opt- in declaration for a vessel if requested by the owner, or any of the owners.
4A.3 Subsection 305(1) of the Navigation Act provides for regulations to provide for a person who is alleged to have contravened a civil penalty provision to pay a penalty as an alternative to civil proceedings.
4A.4 Subsection 339(1) of the Navigation Act provides 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.
4A.5 Paragraph 339(2)(o) of the Navigation Act provides for regulations to be made providing for regulations of a transitional nature arising out of the enactment of the Navigation Act or the repeal of the Navigation Act 1912.
4A.6 Paragraph 341(3)(b) of the Navigation Act provides for regulations to be made providing for review of decisions under the regulations.
4A.7 Subsection 342(1) of the Navigation Act provides that AMSA may, by legislative instrument, make a Marine Order with respect to any matter for which provision must or may be made by the regulations.
[2] Section 5, definition of Act
omit
[3] Section 5, definition of surveyor
substitute
Marine Order means an order made under subsection 342(1) of the Navigation Act, section 24 of the AFS Act or section 34 of the Pollution Prevention Act.
[4] Sections 6 and 7
substitute
6 Definitions
In a Marine Order, unless otherwise provided:
AFS Act means the Protection of the Sea (Harmful Anti-fouling Systems) Act 2006.
Area Manager means the person occupying the AMSA position of:
(a) Manager, Ship Safety Division — North; or
(b) Manager, Ship Safety Division — South; or
(c) Manager, Ship Safety Division — East; or
(d) Manager, Ship Safety Division — West.
Australian fishing vessel means a fishing vessel that is registered or entitled to be registered, in Australia.
Australian General Shipping Register has the same meaning as in subsection 3(1) of the Shipping Registration Act 1981.
Australian International Shipping Register has the same meaning as in subsection 3(1) of the Shipping Registration Act 1981.
cargo vessel has the meaning given to cargo ship in Regulation 2 of Chapter 1 of SOLAS.
fishing operations means:
(a) the taking, catching or capturing of fish for trading or manufacturing purposes; and
(b) the processing or carrying of the fish that are taken, caught or captured.
fishing vessel means a vessel that:
(a) is used wholly or principally for fishing operations; and
(b) is not:
(i) a customs vessel; or
(ii) a government vessel; or
(iii) a recreational vessel; or
(iv) a domestic commercial vessel.
Note The vessels mentioned in paragraph (b) are defined in the Navigation Act — see s 14(1) of the Act.
General Manager, Emergency Response Division means the person occupying the position of General Manager, Emergency Response Division, AMSA.
General Manager, Marine Environment Division means the person occupying the position of General Manager, Marine Environment Division, AMSA.
General Manager, Ship Safety Division means the person occupying the position of General Manager, Ship Safety Division, AMSA.
IMO means the International Maritime Organization.
length, for a vessel, has the same meaning as in the International Convention on Load Lines, 1966, as amended by the Protocol of 1988 relating to the International Convention on Load Lines, 1966.
Manager, Marine Environment Standards means the person occupying the position of Manager, Marine Environment Standards, AMSA.
Manager, Ship Inspection and Registration means the person occupying the position of Manager, Ship Inspection and Registration, AMSA.
Manager, Ship Operations and Qualifications means the person occupying the position of Manager, Ship Operations and Qualifications, AMSA.
MARPOL — see subsection 3(1) of the Pollution Prevention Act, meaning of the Convention.
national law — see section 14 of the Navigation Act, meaning of Marine Safety (Domestic Commercial Vessel) National Law.
National Standard for Commercial Vessels (or NSCV) — see section 6 of the national law, meaning of National Standard for Commercial Vessels.
natural resources means the mineral and other non-living resources of the seabed and its subsoil.
Navigation Act means the Navigation Act 2012.
offshore industry mobile unit means:
(a) a vessel or structure that is used or intended to be used wholly or primarily in, or in any operations or activities associated with, or incidental to, exploring or exploiting natural resources by drilling the seabed or its subsoil or by obtaining substantial quantities of material from the seabed or its subsoil, with equipment that is on or forms part of the vessel or structure; or
(b) a barge or similar vessel that is used or intended to be used wholly or primarily in connection with the construction, maintenance or repair of offshore industry fixed structures.
offshore support vessel means a vessel, other than an offshore industry mobile unit, that is used or intended to be used in any operations or activities associated with, or incidental to, exploring or exploiting natural resources.
passenger vessel has the same meaning as passenger ship in Regulation 2 of Chapter I of SOLAS.
Pollution Prevention Act means the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.
SOLAS has the same meaning as Safety Convention in section 14 of the Navigation Act.-
STCW Code means the Seafarers’ Training, Certification and Watchkeeping (STCW) Code as adopted by resolution of the 2010 Conference of Parties to the STCW Convention.
Note The resolution mentioned in the definition of STCW Code forms part of a package of amendments (the Manila amendments) made by the 2010 Conference of the Parties to the STCW Convention (STCW/CONF.2/34).
structure, for paragraph (a) of the definition of offshore industry mobile unit, means a structure that is:
(a) not a vessel; and
(b) able to float or be floated; and
(c) able to move or be moved as an entity from place to place.
USL Code means the Uniform Shipping Laws Code adopted by the Australian Transport Council established by the Council of Australian Governments (COAG) and as in force from time to time.
Note 1 Other terms used in Marine Orders have the same meaning they have in the Act or Acts under which they are made — see s 14(1) of the Navigation Act, s 3 of the AFS Act and s 3 of the Pollution Prevention Act.
Note 2 The term owner is defined in s 14(1) of the Navigation Act. It includes the person with overall general control and management of the operation of a vessel. This is equivalent to a Company defined in paragraph .25 of regulation I/1 of the STCW Convention, regulation IX-1 of SOLAS and paragraph 1.1.2 of Part A of the International Safety Management Code (ISM Code) of the IMO.
7 Recognised organisations
For the definition of recognised organisation in section 14 of the Navigation Act, each corporation or association mentioned in Schedule 1 is prescribed.
[5] Section 10, notes 1 and 2
substitute
Note 1 Subregulation 4 of the Protection of the Sea (Prevention of Pollution from Ships) Orders Regulations 1994 provides that a person who fails to comply with a provision of an Order made under subsection 34(1) of the Act that is expressed to be a penal provision is guilty of an offence punishable by a fine not exceeding 50 penalty units. Subregulation 4(2) provides that an offence against subregulation 4(1) is an offence of strict liability. Regulation 4 of the Protection of the Sea (Prevention of Pollution from Ships) Orders Regulations 1994 provides similarly about provisions of Orders made under the Pollution Prevention Act. Section 24 of the AFS Act provides that Orders made under that Act cannot impose penalties for contravention of the Orders.
Note 2 Orders made under the Navigation Act (unlike those made under the Navigation Act 1912) may directly impose penalties for contravention of an Order or of a notice, direction etc given under an Order — see Navigation Act, s 341(1)(a) and s 342(1). Penalties cannot be more than 50 penalty units for an individual or 250 penalty units for a body corporate — see Navigation Act, s 341(1)(a) and Crimes Act 1914, s 4B. Orders may also impose civil penalties — see Navigation Act, s 341(1)(b).
Note 3 For the value of a penalty unit — see Crimes Act 1914, s 4AA.
Note 4 For an act or omission constituting an offence under 2 or more laws — see Crimes Act 1914, s 4C.
[6] Division 4
substitute
Division 4 Approved forms
20 Approved forms
If AMSA approves a form for a particular purpose in an Order, the approved form must be used for that purpose.
Note 1 AMSA may, in writing, approve a form for a provision of an Order made under the Navigation Act or the Pollution Prevention Act — see Navigation Act, s 338 and definition of this Act in s14(1), and Pollution Prevention Act, s3A and definition of this Act in s3(1).
Note 2 Approved forms are available on the AMSA website at 5 Opting in to coverage
21 Opt-in declaration — prescribed matters
21.1 An application under subsection 25(1) of the Navigation Act for an opt-in declaration must be in the approved form.
Note 1 See section 20 for information about approved forms.
Note 2 AMSA may determine fees for processing applications — see section 47 of the AMSA Act.
21.2 For paragraph 25(2)(d) of the Navigation Act, other matters of which AMSA must be satisfied are the following:
(a) the vessel is in class with a recognised organisation and is maintained in accordance with the requirements of the recognised organisation for the class;
(b) the vessel is not any of the following:
(i) a recreational vessel;
(ii) a Class 1E vessel;
(iii) a Class 2D or 2E vessel;
(iv) a Class 3B, 3C, 3D or 3E vessel;
(v) a Class 4C, 4D or 4E vessel;
(c) if AMSA considers that the vessel must be inspected before making a decision on the application —the vessel has been inspected by an inspector;
(d) if the vessel is a Class 1B or 2B vessel —it complies after 19 August 2013 with each requirement of the Maritime Labour Convention that applies to a vessel of its size;
(e) the vessel complies with the safety management requirements mentioned in section 7 of Marine Order 58 (International Safety Management Code) 2002 or the operation requirements that apply to the vessel under NSCV Part E — Operations.
Note 1 For paragraph (b), vessels are assigned a service category according to the nature of vessel’s use and operational areas — see clause 3.5.1 of Part B of the NSCV.
Note 2 Opt-in declarations are made by AMSA under subsection 25(2) of the Navigation Act. AMSA must be satisfied of the matters mentioned in subsection 21.1, together with other things mentioned in subsection 25(2), before making a declaration. AMSA may revoke a declaration under subsection 26(4) of the Navigation Act if no longer satisfied of these matters.
Note 3 For review by the Administrative Appeals Tribunal of decisions made under the Navigation Act — see section 313 of the Navigation Act.
22 Revocation of opt-in declaration — prescribed matters
For subsection 26(2) of the Navigation Act, other matters of which AMSA must be satisfied are the following:
(a) the vessel has not been maintained in accordance with the requirements of the recognised organisation with which it is in class;
(b) the vessel does not, after 30 days after commencement of the opt-in declaration for the vessel, comply with the requirements of the Navigation Act, including certification requirements, that apply to a vessel of its size and class;
(c) the vessel does not comply with any other condition that AMSA has applied to the declaration.
Note AMSA must revoke an opt-in declaration for a vessel if the owner, or any of the owners, of the vessel requests, and AMSA is satisfied of the matters mentioned in this section — see subsection 26(2) of the Navigation Act.
Division 6 Infringement notices
23 When infringement notice can be given
If there are reasonable grounds for believing that a person has contravened a civil penalty provision, AMSA or an inspector may give to the person an infringement notice for the infringement notice penalty of one-fifth of the maximum penalty that a court could impose on the person for contravention of the provision.
24 Contents of infringement notice
24.1 The notice must include the following information:
(a) the name and address of the person given the notice;
(b) if the person is an individual — the person’s date of birth;
(c) the provision of the Navigation Act, Marine Orders or the regulations that is alleged to have been contravened;
(d) details of the alleged contravention, including:
(i) the day and, if known, the time when it is alleged to have occurred; and
(ii) the place where it is alleged to have occurred;
(e) the maximum penalty that may be imposed by a court for the alleged contravention;
(f) the amount payable as the infringement notice penalty;
(g) a statement that the person can apply to AMSA for an extension of time to pay under section 27;
(h) a statement that the person may pay a penalty as an alternative to civil proceedings:
(i) before the end of 28 days after the day the notice is given; or
(ii) if a further period is allowed by AMSA under section 27 — before the end of the further period; or
(iii) if payment by instalments is permitted by the AMSA under section 28 — in accordance with the permission;
(i) how and where the infringement notice penalty may be paid;
(j) a statement that if, before the end of 28 days after service of the notice, the person tells AMSA, in the way set out in the notice, about any facts or matters that the person thinks should be taken into account for the contravention and asks that AMSA withdraw the notice in accordance with section 29;
(i) time for payment of the penalty will be extended to the extent necessary for a decision to be made about those facts or matters; and
(ii) AMSA must consider the matters mentioned in section 29;
(k) a statement that, if the infringement notice penalty is paid in time:
(i) the person’s liability for the contravention is discharged; and
(ii) further proceedings cannot be taken against the person for the contravention.
(l) a statement to the effect that, if none of the things mentioned in paragraph (h) or (j) is done within the time specified, the person may be proceeded against for the alleged contravention and may be found liable for an amount up to the maximum penalty for the contravention;
(m) the name or identifying number of the person who gave the notice.
24.2 An infringement notice may contain any other information that AMSA or the inspector considers necessary.
25 Giving the notice
25.1 The notice must be given to the person within 12 months after the alleged contravention occurred.
25.2 The notice must be given by:
(a) handing the notice to the person; or
(b) mailing it to the person’s last known address; or
(c) leaving it at the person’s last known address with a person apparently over 16 years old; or
(d) if the person is a body corporate:
(i) mailing it to the registered office of the person; or
(ii) leaving it at the registered office of the person with a person apparently over 16 years old.
26 Time for payment of penalty
The penalty stated in an infringement notice must be paid within:
(a) 28 days after the day when the notice is given to the recipient; or
(b) another period mentioned in this Order.
27 Extension of time to pay
27.1 On written application by a person to whom an infringement notice has been given, AMSA may grant, if satisfied that in all the circumstances it is reasonable to do so, a further period for payment of the infringement notice penalty, whether or not it is more than 28 days after the notice was given.
27.2 If application is made after 28 days after the notice was given, the application must include an explanation why the person issued the notice could not deal with the notice within that period.
27.3 AMSA must:
(a) grant or refuse a further period; and
(b) give the applicant written notice of the decision; and
(c) if the decision is a refusal — mention in the notice the reasons for refusal.
27.4 The person must pay the penalty:
(a) if a further period is granted — before the end of that period; or
(b) if the decision is a refusal — before the end of the later of:
(i) 7 days after receiving notice of the refusal; or
(ii) the 28 day period.
28 Payment by instalments
28.1 On written application by a person to whom an infringement notice has been given, AMSA may make an arrangement with a person to whom an infringement notice has been given (whether or not the period of 28 days after the date of giving the notice has ended) for payment of the amount of the infringement notice penalty by instalments.
28.2 AMSA must:
(a) grant or refuse to make an arrangement; and
(b) give the applicant written notice of the decision; and
(c) if the decision is a refusal — mention in the notice the reasons for refusal.
28.3 The person must pay the penalty:
(a) if an arrangement is made — in accordance with the arrangement; or
(b) if the decision is a refusal — before the end of the later of:
(i) the 28 day period; or
(ii) 7 days after receiving the notice of the refusal.
29 Withdrawal of infringement notice
29.1 Whether or not a notice is received under subsection 29.2, AMSA, if satisfied that in all the circumstances it is proper to do so, may withdraw an infringement notice.
29.2 Before the end of 28 days after receiving the infringement notice, the recipient may apply, in writing, to AMSA for it to be withdrawn.
29.3 Within 28 days after receiving the application, AMSA must:
(a) withdraw, or refuse to withdraw, the notice; and
(b) give the applicant written notice of the decision; and
(c) if the decision is a refusal — mention in the notice the reasons for the refusal.
29.4 In making a decision, AMSA must consider:
(a) the facts or matters mentioned in the application; and
(b) the circumstances in which the contravention of the Navigation Act mentioned in the notice is alleged to have occurred; and
(c) whether the person has been found previously to have contravened a civil penalty provision in the Navigation Act; and
(d) whether an infringement notice has previously been given to the person for an contravention of the same kind as that mentioned in the notice; and
(e) any other matter AMSA considers relevant to the decision.
29.5 If an infringement notice is withdrawn, any amount of infringement notice penalty paid under the notice must be repaid to the person who paid it.
30 Notice of refusal
If AMSA decides to refuse to withdraw an infringement notice, notice of the decision must state:
(a) that if the amount of the infringement notice penalty is paid within 28 days after notice of the decision is given to the person, the person will not be prosecuted for the alleged contravention; and
(b) that if the amount is not paid, the person may be prosecuted for the alleged contravention.
31 Payment of penalty if infringement notice not withdrawn
If AMSA refuses to withdraw an infringement notice, the applicant for withdrawal must pay the infringement notice penalty before the end of the 28 days after receiving notice of the refusal.
32 Effect of payment of infringement notice penalty
32.1 If a person who is given an infringement notice pays the infringement notice penalty in accordance with this Division:
(a) the person’s liability for the contravention is discharged; and
(b) further civil proceedings cannot be taken against the person for the contravention; and
(c) the person is not taken to have done the contravention.
32.2 Subsection 32.1 applies to a person who makes an arrangement to pay the infringement notice penalty by instalments, only if the person makes payments in accordance with the arrangement.
33 Admissions under subsection 29.2
Evidence of an admission made by a person in an application under subsection 29.2 is inadmissible in proceedings against the person for the alleged contravention.
34 Matter not to be taken into account in determining penalty
34.1 This section applies if a person who is given an infringement notice:
(a) elects not to pay the infringement notice penalty; and
(b) is found by an eligible court to have contravened the civil penalty provision mentioned in the notice.
34.2 In determining the penalty to be imposed, the court must not take into account the fact that the person chose not to pay the infringement notice penalty.
35 Evidence for hearing
35.1 At the hearing of proceedings for an alleged contravention mentioned in an infringement notice, the following certificates are evidence of the facts stated in the certificate:
(a) a certificate signed by AMSA or an inspector stating that:
(i) the notice was given to the person alleged to have done the contravention; and
(ii) the infringement notice penalty has not been paid in accordance with this Division;
(b) a certificate signed by AMSA or an inspector and stating that the notice was withdrawn on a day mentioned in the certificate;
(c) a certificate signed by AMSA and stating that:
(i) a further period was refused, under section 27, for payment of the infringement notice penalty; and
(ii) the infringement notice penalty has not been paid in accordance with this Division;
(d) a certificate signed by AMSA and stating that a notice, a copy of which is attached to the certificate, was given on the day mentioned in the certificate;
(e) a certificate signed by AMSA and stating that:
(i) for section 27, the further time mentioned in the certificate for payment of the infringement notice penalty was granted; and
(ii) the infringement notice penalty was not paid in accordance with the notice or within the further time.
35.2 A certificate that purports to have been signed by AMSA or an inspector is taken to have been signed by that person unless the contrary has been proved.
36 Infringement notice not compulsory, etc
Nothing in this Division is taken:
(a) to require that a person suspected of having contravened a civil penalty provision in the Navigation Act be given an infringement notice; or
(b) to affect the liability of a person to be prosecuted for an alleged contravention, if:
(i) an infringement notice is not given to the person for the contravention; or
(ii) an infringement notice is given, and withdrawn; or
(c) to limit the penalty that may be imposed by a court on a person for the contravention.
Division 7 Transitional matters
37 Certificates
37.1 For paragraph 339(2)(o) of the Navigation Act, a certificate of a kind mentioned in the table that was in force under the provision of the Navigation Act 1912 mentioned in the table immediately before the repeal of the Navigation Act 1912 has effect as if it was a certificate issued under the corresponding provision of the Navigation Act until the earlier of:
(a) the date that the certificate would have expired under the Navigation Act 1912; or
(b) if the certificate is revoked — the date of revocation.
Navigation Act 1912 provision
Kind of certificate
Corresponding provision of Navigation Act
Subsection 194(4) Certificate of survey Section 100 Subsection 194(4) Certificate of equipment Section 100 Subsections 206D(1) and (3) Passenger ship safety certificate Section 100 Subsections 206D(2) and (4) Passenger ship short voyage safety certificate Section 100 Section 206E Cargo ship safety construction certificate Section 100 Section 206F Cargo ship safety equipment certificate Section 100 Section 206G Cargo ship safety radio certificate Section 100 Section 206GA Cargo ship safety certificate Section 100 Section 206H Exemption certificate Section 100 Section 206J Nuclear passenger ship safety certificate Section 100 Section 206K Nuclear cargo ship safety certificate Section 100 Section 206M Certificate (foreign ship) Section 319 Section 222 Load line certificate Section 100 Section 223 International Load Line Exemption Certificate Section 100 Section 267B Ship construction certificate Section 132 Section 267C International Oil Pollution Prevention Certificate Section 132 Section 267Q Chemical tanker construction certificate Section 132 Section 267ZG International Sewage Pollution Prevention Certificate Section 132 Section 267ZW Air pollution prevention certificate Section 132 Section 405F Tonnage measurement certificate Section 155
37.2 However, a tonnage measurement certificate issued under section 405F of the Navigation Act 1912 that is a perpetual certificate has continued effect as if it was a certificate issued under section 155 of the Navigation Act unless it is revoked.
38 Things done
38.1 For paragraph 339(2)(o) of the Navigation Act, a thing done under a provision of the Navigation Act 1912, that is of a kind mentioned in the table that was in force immediately before the repeal of the Navigation Act 1912, has effect under the corresponding provision of the Navigation Act or a Marine Order until the earlier of:
(a) the date that the thing done would have expired under the Navigation Act 1912; or
(b) if the thing done is revoked —— the date of revocation.
Navigation Act 1912 provision
Kind of thing done
Corresponding provision of Navigation Act or Marine Order
Subsection 14(1) Order about minimum complement required for a ship Subsection 51(1) of the Navigation Act Subsection 123(1) Appointment of Medical Inspector of Seamen Section 8A of Marine Order 9
38.2 For paragraph 339(3)(b) of the Navigation Act, each of the following things done under the Navigation Act 1912 that was in force immediately before the repeal of the Navigation Act 1912, has effect under the Navigation Act unless it is revoked:
(a) an order under subsection 427(2) about the Uniform Shipping Laws Code;
(b) an order under subsection 427(3) about the National Standard for Commercial Vessels.
[7] Schedule 1, heading
substitute
Schedule 1 Recognised organisations
(section 7)
[8] Further amendments
provision omit each mention of insert Section 1 1, issue 2 1 (Administration) 2011 Subsection 11.1 ship vessel Subsection 12.1, note 2 section 338 of the Criminal Code. subsections 136.1 and 137.1 of the Criminal Code. Subsections 18.2, 18.3 and 18.4 Maritime Operations Ship Safety Schedule 1, note bodies organisations Schedule 1, note classification societies recognised organisations
Schedule 2 Marine Orders Part 3, issue 6
(section 3)
[1] Section 1
substitute
1 Name of Order
This Order is Marine Order 3 (Seafarer qualifications) 2004.
1A Purpose
This Order:
(a) specifies standards of competence and other conditions to be met by a person performing the duties or functions of a seafarer under the Navigation Act; and
(b) provides for seafarer certificates; and
(c) gives effect to the STCW Convention.
1B Power
1B.1 Part 2 of Chapter 2 of the Navigation Act generally provides for the regulations to provide for applications for, and dealings with, seafarer certificates.
1B.2 Section 28 of the Navigation Act provides for the regulations to provide for seafarer certificates, including giving effect to the STCW Convention.
1B.3 Subsection 31(2) provides that a seafarer certificate is subject to conditions prescribed in the regulations.
1B.4 Section 314 of the Navigation Act provides that the regulations may prescribe certain matters for certificates.
1B.5 Subsection 339(1) of the Navigation Act provides 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 Navigation Act.
1B.6 Paragraph 340(1)(h) of the Navigation Act provides for regulations to be made giving effect to the STCW Convention.
1B.7 Subsection 342(1) of the Navigation Act provides for the making of Marine Orders for any matter for which provision must or may be made by the regulations.
[2] Section 2, heading
substitute
2 Definitions
In this Order:
[3] Section 2, definitions of AMSA and General Manager
omit
[4] Section 2, definition of endorsement
substitute
endorsement means an endorsement mentioned in sections D and L, other than an STCW Endorsement.
[5] Section 2, definition of International Safety Management Code
substitute
International Safety Management Code — see section 2 of Marine Order 58 (International Safety Management Code) 2002.
[6] Section 2, definitions of Manager, Navigation Act, NSCV, penal provision, STCW Code, STCW Convention and USL
omit
[7] Section 2, definition of valid, footnote 3
substitute as note to definition
Note Marine Order 9 (Health — medical fitness) 2010 requires a person to hold a valid Certificate of Medical Fitness to serve at sea.
[8] Section 2, after definition of WIG craft
insert
Note 1 Terms used in this Order have the same meaning that they have in the Navigation Act, including:
•AMSA
•marine incident
•master
•owner
•seafarer
•STCW Convention
•Tonnage Convention.
Note 2 Some terms used in this Order are defined or explained in Marine Order 1
(Administration) 2011, including:
• General Manager, Ship Safety Division
• Manager, Ship Operations and Qualifications
• Navigation Act
• offshore industry mobile unit
• SOLAS
• STCW Code.
[9] Subsection 3.2
omit
[10] Sections 5 and 6
substitute
5 Review of decisions
A decision under section 10 is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011.
Note For review of decisions by the Administrative Appeals Tribunal made under the Navigation Act — see section 313 of the Navigation Act.
6 Kinds of seafarer certificates
6.1 Seafarer certificates that may be applied for
6.1.1 For section 30(1) of the Navigation Act, a kind of seafarer certificate is a certificate that is:
(a) a certificate of a particular designation or grade that belongs to the following classes of certificate:
(i) certificate of competency;
(ii) certificate of proficiency (integrated rating);
(iii) certificate of rating; or
(b) a WIG Officer Certificate; or
(c) a certificate of proficiency as ship security officer; or
(d) a certificate of proficiency in survival craft and rescue boats; or
(e) a certificate of safety training; or
(f) a certificate of recognition; or
(g) an endorsement, which may be included in a certificate.
6.2 Seafarer certificates required to be held
6.2.1 For section 35(1) of the Navigation Act, a person must hold a particular seafarer certificate for performance of duties or functions mentioned in sections D, E, F, G, H, I, J and L of this Order.
6.2.2 For section 35(1) of the Navigation Act, a person who performing specific duties or functions related to cargo or cargo equipment on tankers must hold:
(a) a certificate of competency as Master, deck officer or engineer officer; or
(b) a certificate of proficiency (integrated rating); or
(c) a certificate of rating as Able Seaman, Deck Rating or Engine Room Rating.
Note Section 35(1) of the Navigation Act provides that a person must not perform duties or functions in relation to an Australian regulated vessel if the person does not hold particular seafarer certificate required to perform those duties or functions.
[11] Subsections 7.3, 7.4 and 7.5
substitute
7.3 An offence against subsection 7.2 is a strict liability offence.
7.4 A person is liable to a civil penalty if the person contravenes subsection 7.2.
Civil penalty: 50 penalty units.
[12] Section 8
substitute
8 Criteria for, and conditions imposed on, the issue of seafarer certificates
For section 31 of the Navigation Act:
(a) the criteria for the issue of a seafarer’s certificate are those mentioned for the certificate in section C, D, E, F, G, H, I, J, K or L; and
(b) the conditions that may be imposed on the issue of a seafarer certificate are those mentioned for the certificate in section CA, D, E, F, G, H, I, J, K or L.
[13] After subsection 9.4
insert
9.5 Duration of endorsements
9.5.1 An endorsement as a responsible officer on tankers, mentioned in section 48, remains current for 5 years.
9.5.2 A type rating endorsement for high speed craft, mentioned in section 49, remains current for:
(a) 2 years; or
(b) a shorter period, or for a voyage or voyages, mentioned in the endorsement.
[14] Section 9, footnote 6
substitute as note at foot of subsection 9.2.1
Note A lesser period may be appropriate, eg if the applicant intends to work for a limited period on a regulated Australian vessel.
[15] Before subsection 10.1
insert
10.1A If the Manager, Ship Operations and Qualifications is satisfied that an applicant has met the eligibility criteria mentioned in this Order for the revalidation of a seafarer certificate, the Manager, Ship Operations and Qualifications will revalidate that seafarer certificate accordingly.
[16] After subsection 10.3
insert
10.3A An endorsement as a responsible officer on tankers, mentioned in section 49, is eligible to have the endorsement revalidated if the holder:
(a) has approved sea service, performing functions appropriate to the endorsement, of at least 3 months in total during the 5 years before the application date; or
(b) has satisfactorily completed the appropriate course of training mentioned in subsection 49.2.3 within the 12 months before the application date.
10.3B The holder of a type rating endorsement for high speed craft, mentioned in section 50, is eligible to have the endorsement revalidated if the holder:
(a) has approved sea service of at least 6 months within the preceding 2 years on high speed craft of the type and on the route to which the endorsement applies; or
(b) has within the year immediately before the application for revalidation satisfactorily completed an approved training program for high speed craft operation.
[17] Subsection 11.1.2
omit
(a) cancelling it; or
[18] After subsection 11.1.4
insert
11.1.5 For section 33 of the Navigation Act, the criteria for revoking a seafarer certificate are that:
(a) the holder of a seafarer certificate has demonstrated incompetence or misconduct relating to the safe navigation, management or working of a vessel; or
(b) the holder of a seafarer certificate is unable from any cause to perform properly the duties appropriate to the certificate; or
(c) a seafarer certificate was obtained by false representation.
[19] Subsection 11.3, footnote 8
substitute as note at foot of subsection 11.3
Note In making a decision to suspend or impose restrictions on the use of a seafarer certificate under subsection 11.3, the General Manager, Ship Safety Division must take into account the degree of risk involved in allowing the holder of the certificate to continue to serve in various capacities for which the certificate could otherwise be valid.
[20] Subsection 11.5
substitute
11.5 Unlawful alteration
For section 33 of the Navigation Act, the Manager, Ship Operations and Qualifications may revoke a seafarer certificate that has been unlawfully altered by any kind of addition, interpolation or erasure.
[21] After subsection 11.6.1
insert
11.6.1A An offence against subsection 11.6.1 is a strict liability offence.
11.6.1B A person is liable to a civil penalty if the person contravenes subsection 11.6.1.
Civil penalty: 50 penalty units.
[22] Subsection 11.7
substitute
11.7 Seafarer certificates containing factual errors
For section 33 of the Navigation Act, the Manager, Ship Operations and Qualifications may revoke a seafarer certificate that contains factual errors.
[23] Subsection 11.8.1
substitute
11.8.1 The Manager, Ship Operations and Qualifications may issue a replacement certificate if:
(a) satisfied that a certificate has been lost, stolen, damaged or destroyed; or
(b) it has been revoked under subsection 11.5 or 11.7.
[24] After subsection 11.8.2
insert
11.8.3 An offence against subsection 11.8.2 is a strict liability offence.
11.8.4 A person is liable to a civil penalty if the person contravenes subsection 11.8.2.
Civil penalty: 50 penalty units.
[25] After subsection 11.8
insert
11.9 Return of revoked seafarer certificates
11.9.1 If a seafarer certificate has been revoked under subsection 11.5 or 11.7, the holder of the certificate must arrange for it to be delivered to an AMSA office within 21 days after being notified that the certificate has been revoked.
Penalty: 50 penalty units.
11.9.1 An offence against subsection 11.9.1 is a strict liability offence.
11.9.2 A person is liable to a civil penalty if the person contravenes subsection 11.9.1.
Civil penalty: 50 penalty units.
[26] After subsection 16.6
insert
16A Requirements for approved courses and oral examinations
16A.1 If a person must complete an approved course before being issued a seafarer certificate, the course must have been completed:
(a) if the person provides proof of continuity of sea service since completion of the course that is at least equivalent to the requirements for revalidation mentioned in subparagraph 10.1(a)(i) — within 10 years before the certificate is issued; or
(b) in any other case — within 5 years before the certificate is issued.
16A.2 If a person must pass an oral examination before being issued a seafarer certificate, the examination must be passed, unless the Manager, Ship Operations and Qualifications determines otherwise:
(a) when all other eligibility criteria have been met; and
(b) within the 12 months before the certificate is issued.
16A.3 If the examiner considers that a person is unable to meet the standard required to pass the oral examination because the person lacks sufficient practical knowledge, the person cannot be re-examined for a period, determined by the examiner as reasonably required for the person to gain the practical knowledge, of up to 6 months.
[27] Before section 17
insert
Section CA Conditions for particular kinds of seafarer certificates
[28] Subsections 17.1, 17.2 and 17.3
substitute
The holder of a seafarer certificate that is a certificate of rating as Able Seaman, Deck Rating or Engine Room Rating must have evidence of satisfactorily completing a tanker familiarisation course that complies with paragraphs 1 to 7 of section A-V/1 of the STCW Code if undertaking specific duties or functions related to cargo or cargo equipment on tankers.
[29] Subsection 18.1.1
substitute
18.1.1 A seafarer certificate is subject to the condition that the holder of the certificate must have evidence of satisfactorily completing the training mentioned in subsections 18.1.2 to 18.1.6 if undertaking duties to assist passengers in emergency situations on board a passenger vessel (other than a ro-ro passenger vessel).
[30] Subsection 18.1.4, footnote 9
substitute as note at foot of subsection 18.1.4
Note For this Order, seafarers who have not completed the appropriate safety training are taken to be passengers.
[31] Subsection 18.2.1
substitute
18.2.1 A seafarer certificate is subject to the condition that the holder of the certificate must have evidence of satisfactorily completing the training mentioned in subsections 18.2.2 to 18.2.6 if undertaking duties to assist passengers in emergency situations on board a ro-ro passenger vessel.
[32] Sections 19 to 22
substitute
19 GMDSS General Operators Certificate
If a person is required to hold a valid GMDSS General Operators Certificate for the issue or revalidation of a seafarer certificate mentioned in Section D, it is a condition that the GMDSS General Operators Certificate be valid for the term of the seafarer certificate.
[33] Section 23
substitute
23 Watchkeeping
23.1 A person who takes charge of a navigational watch must hold a valid certificate of competency or certificate or recognition permitting the watchkeeping duties in accordance with section 24.
23.2 A person who holds a seafarer certificate in order to perform watchkeeping duties in accordance with subsection 24.1 must also hold a current certificate of medical fitness for the deck department.
[34] Subsection 24.1
substitute text before Table 1
24.1 Grades of certificate and duties
Subject to any specific requirement of this Order, a person who performs the duties mentioned in an item in Table 1 must hold a certificate of competency or an equivalent certificate of recognition of a grade mentioned in Table 1 for the item.
Note Some duties, or service on some vessels, require additional training or endorsements.
[35] Subsections 26.7
substitute
26.7 Service performed on offshore industry mobile units will not be accepted as qualifying sea service.
[36] Sections 28 and 29
omit
[37] Section 30
substitute
30 Watchkeeping
30.1 A person who takes charge of an engine room watch must hold a valid certificate of competency or an equivalent certificate of recognition permitting the watchkeeping duties in accordance with section 31.
30.2 A person who holds a seafarer certificate in order to perform engine room watch duty in accordance with section 31 must also hold a current certificate of medical fitness for the engine department.
[38] Subsection 31.3
omit
[39] Subsection 32.4, footnote 14
substitute as note at foot of subsection 32.4
Note Generally, the certificates mentioned in subsection 32.4 are issued under the Marine Safety (Domestic Commercial Vessel) National Law Act 2012.
[40] Section 36
substitute
36 Watchkeeping
36.1 A person who performs duties as part of a navigational watch must hold:
(a) a valid certificate of proficiency (integrated rating); or
(b) a valid certificate of rating as Able Seaman or Deck Rating; or
(c) a valid certificate of safety training, together with documentary evidence to the satisfaction of the Master that the person is competent to form part of a navigational watch; or
(d) a valid certificate of recognition equivalent to a certificate mentioned in paragraph (a), (b) or (c).
36.2 A person who performs duties as part of an engine room watch must hold:
(a) a valid certificate of proficiency (integrated rating); or
(b) a valid certificate of rating as Engine Room Rating; or
(c) a valid certificate of safety training, together with documentary evidence to the satisfaction of the Chief Engineer that the person is competent to form part of an engine room watch; or
(d) a valid certificate of recognition equivalent to a certificate mentioned in paragraph (a), (b) or (c).
36.3 A person who holds a seafarer certificate in order to perform watchkeeping duties in accordance with subsections 36.1 and 36.2 must also hold a current certificate of medical fitness applicable to the duties for which the seafarer certificate is to be used.
[41] Subsection 37.1
substitute text before Table
37.1 Grades of certificate and duties
Subject to any specific requirement of this Order, a person who performs the duties mentioned in column 2 of Table 5 must hold a seafarer certificate or an equivalent certificate of recognition mentioned in column 1 of Table 5.
Note Some duties, or service on some ships, require additional training and/or endorsements.
[42] Subsection 37.1, Table 5, definition of designated ship, footnote 17
substitute as note at foot of subsection 37.1
Note The Manager, Ship Operations and Qualifications will not consider the suitability of a vessel unless the vessel is recommended for that purpose by the owner and by a seafarers union.
[43] Before section 43
insert
43A Requirement for certificate of proficiency as ship security officer
A person who performs the duties or functions of a ship security officer must hold a certificate of proficiency as a ship security officer.
[44] Section 44
omit
[45] After Section H
insert
Section I Specific requirements for the issue of certificate of proficiency in survival craft and rescue boats
45.1 Requirement for certificate of proficiency in survival craft and rescue boats
A person who takes charge of a survival craft or rescue boat, other than a fast rescue boat, must hold:
(a) a certificate of competency, certificate of recognition, certificate of proficiency (integrated rating) or certificate of rating; or
(b) a certificate of proficiency in survival craft and rescue boats other than fast rescue boats issued in accordance with subsection 45.2.
45.2 Eligibility criteria for certificate of proficiency in survival craft and rescue boats
A person is eligible to be issued with a certificate of proficiency in survival craft and rescue boats other than fast rescue boats if the person:
(a) is at least18; and
(b) has completed at least 6 months sea service on vessels carrying SOLAS survival equipment; and
(c) has satisfactorily completed an approved program of training that complies with paragraphs 1 to 4 of section A-VI/2 of the STCW Code.
45.3 Requirement for certificate of proficiency in fast rescue boats
A person who takes charge of a fast rescue boat must hold a certificate of proficiency in fast rescue boats issued in accordance with subsection 45.4.
45.4 Eligibility criteria for certificate of proficiency in fast rescue boats
A person is eligible to be issued with a certificate of proficiency in fast rescue boats if that person:
(a) holds a certificate of proficiency in survival craft and rescue boats other than fast rescue boats; and
(b) has satisfactorily completed an approved program of training that complies with paragraphs 5 to 8 of section A-VI/2 of the STCW Code.
Section J Certificate of safety training
46.1 Requirement for certificate of safety training
A person who does not hold a certificate of competency, a certificate of recognition, a certificate of proficiency (integrated rating) or a certificate of rating and is engaged in a capacity on board a vessel as part of the vessel’s complement with designated safety or pollution prevention duties must hold a certificate of safety training.
46.2 Eligibility criteria for certificate of safety training
46.2.1 A person is eligible to be issued with a certificate of safety training if the person:
(a) is at least 16; and
(b) has satisfactorily completed an approved training course that complies with the training and assessment standards specified in paragraph 2 of section A-VI/1 of the STCW Code.
46.2.2 If the Manager, Ship Operations and Qualifications is satisfied that circumstances are such that it would be unreasonable or impracticable to require a person to comply fully with paragraph 46.2.1(b), the person may be issued with a certificate of safety training for voyages, and subject to conditions, that the Manager, Ship Operations and Qualification determines.
Section K Certificates of recognition
47 Recognition of certificates issued by a foreign country
47.1 Certificate of recognition – eligibility criteria
A person is eligible to be issued with a certificate of recognition if the person:
(a) holds a current certificate of medical fitness; and
(b) holds a certificate issued by a marine administration in a country other than Australia that:
(i) has been approved as having training and certification standards in accordance with the STCW Convention; and
(ii) for a certificate for deck or engineer officer duties — has an agreement with Australia about the recognition of the other country’s certificates; and
(c) produces evidence to the satisfaction of the Manager, Ship Operations and Qualification that:
(i) the certificate mentioned in paragraph (b) was issued in accordance with the STCW Convention and is equivalent in grade to the grade of certificate of recognition applied for; and
(ii) the person has completed practical training and short courses equivalent to that required for the issue of an equivalent certificate of competency; and
(iii) the person has completed qualifying sea service equivalent to that required for the issue of an equivalent certificate of competency; and
(d) for a certificate for deck or engineer officer duties — has passed an oral examination appropriate for the grade of certificate conducted by an examiner, including knowledge of Australian maritime legislation; and
(e) for a certificate for deck officer duties — holds a valid GMDSS General Operators Certificate; and
(f) is an Australian or New Zealand citizen, a permanent resident of Australia or produces evidence that he or she is to be employed in a regulated Australian vessel.
Note An application for a certificate of recognition will be accepted as a skills assessment from a prospective migrant before arrival in Australia if evidence of approval for migration is produced. However, a certificate will not be issued until the applicant takes up residence in Australia.
47.2 Restricted certificate of recognition – eligibility criteria
A person is eligible to be issued with a certificate of recognition restricted to duties, and for a period, determined by the Manager, Ship Operations and Qualifications if:
(a) the person is required to perform duties on a regulated Australian vessel in particular circumstances or for a particular time; and
(b) the person is not eligible under subsection 47.1 for the issue of a certificate of recognition; and
(c) the Manager, Ship Operations and Qualification is satisfied that the person holds qualifications that are adequate for the performance of those duties in the particular circumstances or for the particular time.
Recognition of national law certificates
48.1 If satisfied that the holder of a valid certificate issued under the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 meets the requirements of this Order for the grade of certificate, the Manager, Ship Operations and Qualifications is to certify that by issuing an appropriate document to accompany the certificate.
48.2 The certificate issued is to be recognised as a certificate of competency corresponding to the qualification mentioned in column 2 of an item in Table 3 if it:
(a) was issued, renewed, endorsed or recognised to permit the holder to perform duties on a vessel of a size and in an operational area identified with an asterisk in column 1 of the item; and
(b) is certified in accordance with subsection 48.1.
48.3 If the certificate is subject to conditions or limitations on its use, its recognition under subsection 48.2 is subject to the same conditions or limitations.
Section L Endorsements
49 Tanker endorsement
49.1 Requirement for tanker endorsement
49.1.1 A person who performs duties and functions as a responsible officer on an oil tanker, a chemical tanker or a liquefied gas tanker must hold a certificate of competency or certificate of recognition bearing an endorsement.
49.1.2 In subsection 49.1:
responsible officer means Master, Chief Mate, Chief Engineer, First Engineer or any other seafarer on operational duty in the cargo control room or any other operational control position and with the immediate responsibility for loading, discharging, care in transit or other handling of cargo.
49.2 Eligibility criteria for tanker endorsement
49.2.1 A person is eligible to be issued with an endorsement mentioned in subsection 49.1 if the person has:
(a) shipboard service requirements mentioned in subsection 49.2.2; and
(b) satisfactorily completed the approved courses of training mentioned in subsection 49.2.3.
49.2.2 For subparagraph 49.2.1(a), the shipboard service requirements are:
(a) 6 months shipboard service in the previous 5 years in connection with cargo handling duties on an oil tanker, a chemical tanker or a liquefied gas tanker, as appropriate for the kind of endorsement, or at least 3 months of that service including experience of 6 loads and 6 discharges; or
(b) approved shipboard training in cargo handling duties on an oil tanker, chemical tanker or liquefied gas tanker, as appropriate for the kind of endorsement, in the previous 5 years; or
(c) other service that the Manager, Ship Operations and Qualifications determines to be equivalent to that mentioned in paragraph (a) or (b).
49.2.3 For subparagraph 49.2.1(b), the courses of training are:
(a) for an oil tanker — a course of training that meets the requirements of paragraphs 9 to 14 of section A-V/1 of the STCW Code; and
(b) for a chemical tanker — a course of training that meets the requirements of paragraphs 16 to 21 of section A-V/1 of the STCW Code; and
(c) for a liquefied gas tanker — a course of training that meets the requirements of paragraphs 23 to 34 of section A-V/1 of the STCW Code.
49.2.4 An endorsement is subject to the condition that the person must be capable of carrying out the duties as a responsible officer without supervision.
50 High speed craft endorsement
50.1 Requirement for type rating endorsement for high speed craft
A person who performs duties and functions as Master, Chief Mate, or Watchkeeper (Deck) on a high speed craft must hold:
(a) a certificate of competency or certificate of recognition for the deck officer duties; and
(b) a type rating endorsement appropriate to that type of high speed craft on that route.
50.2 Eligibility criteria for type rating endorsement for high speed craft
A type rating endorsement may be issued to a person for a high speed craft for a route if the person:
(a) holds a certificate of competency or certificate of recognition for the deck officer duties; and
(a) has satisfactorily completed approved high speed craft training, relevant to the type of craft and the route, that meets the requirements of paragraphs 18.3.3.1 to 18.3.3.12 of the International Code of Safety for High Speed Craft, adopted by IMO Resolution MSC.97(73); and
(b) has practical experience and familiarisation training to the satisfaction of the Manager, Ship Operations and Qualifications.
51 Sailing vessel endorsement
51.1 Requirement for sailing vessel endorsement
51.1.1 A person who performs the functions or duties as a master on a square rig sailing vessel must hold a certificate of competency or certificate of recognition for deck officer duties with an endorsement for square rig sailing vessels.
51.1.2 A person who performs the functions or duties as a master on a fore and aft rig sailing vessel must hold a certificate of competency or certificate of recognition for deck officer duties with an endorsement for square rig, or for fore and aft rig, sailing vessels.
51.2 Eligibility criteria for sailing vessel endorsement
51.2.1 A certificate may be endorsed for service as a master on a sailing vessel if the holder:
(a) has completed an approved course, including assessment, in knowledge of sailing vessels; and
(b) for square rig vessels — holds a Nautical Institute Square Rig Sailing Ship Certificate; and
(c) for fore and aft rig vessels only — holds Yachting Australia Ocean Going Certificate, endorsed ‘Offshore Instructor’; and
(d) has served as a deck officer, on a sailing vessel of the type for which the endorsement is required, for at least 12 months, or for at least 6 months and produces testimonials from the master of the vessel confirming that the holder was assessed on board vessel and found competent to serve as master.
51.2.2 The Manager, Ship Operations and Qualifications may accept alternative evidence of knowledge and experience of sailing vessels to meet the requirements of subsection 51.2.1.
[46] Other amendments
| provision | omit each occurrence of | insert |
| Section 2, definition of approved | Manager | Manager, Ship Operations and Qualifications |
| Section 2, definition of current | cancelled | revoked |
| Section 2, definition of examiner | Manager | Manager, Ship Operations and Qualifications |
| Section 2, definition of examiner | Part | Order |
| Section 2, definition of GMDSS General Operators Certificate | Marine Orders, Part 6 (Marine Qualifications — Radio) | Marine Order 6 (Marine qualifications — radio) 2000 |
| Section 2, definition of GT | Measurement Convention as defined in the Navigation Act | Tonnage Convention |
| Section 2, definition of high speed craft | ship | vessel |
| Section 2, definition of high speed craft | Marine Orders, Part 49 (High Speed Craft) | Marine Order 49 (High speed craft) 2009 |
| Section 2, definition of kind | ship | vessel |
| Section 2, definition of ship security officer | the ship, | the vessel, |
| Section 2, definition of ship security officer | security of the ship | security of the vessel |
| Section 2, definition of STCW Endorsement | by a State or Territory | under the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 |
| Subsection 3.1 | 3.1 In this Part | In this Order |
| Section 4 | This Part | This Order |
| Paragraph 4(a) | master, officer or seaman on a ship subject to Part II of the Navigation Act | seafarer on a regulated Australian vessel |
| Paragraph 4(b) | certificate issued under this Order | seafarer certificate |
| Section 7, heading and subsections 7.1 and 7.2 | issue, revalidation or endorsement of a certificate | issue or revalidation of a seafarer certificate |
| Section 7 | Manager | Manager, Ship Operations and Qualifications |
| Section 7 | Part | Order |
| Subsection 7.2 | This is a penal provision | Penalty: 50 penalty units. |
| Section 9, heading | certificates | seafarer certificates |
| Subsection 9.1 | 10.4 | subsection 10.4 |
| Subsection 9.1 | 10.1 | subsection 10.1 |
| Subsection 9.2.1 | Manager | Manager, Ship Operations and Qualifications |
| Subsections 9.2.1 and 9.2.2 | 21.2 | subsection 47.1 |
| Sections 10 and 11 | Manager | Manager, Ship Operations and Qualifications |
| subsection 10.1 | in 10.2 | mentioned in subsection 10.2 |
| Subsection 10.4 | a person | the holder of a seafarer certificate |
| Subsection 10.4 | person’s certificate | certificate |
| Subsection 10.4 | the person | the holder |
| Subsection 10.4 | 10.1 | subsection 10.1 |
| Section 11, heading | certificates | seafarer certificates |
| Section 11 | ship | vessel |
| Subsection 11.1 | certificate | seafarer certificate |
| Subsection 11.1.3 | 11.1.2(b) | paragraph 11.1.2(b) |
| Subsection 11.1.4 | 11.1.2(c) | paragraph 11.1.2(c) |
| Subsection 11.2 | The Manager must not cancel, suspend or impose restrictions on the use of a certificate under | A seafarer’s certificate will not be revoked, suspended or have restrictions imposed on its use under subsection |
| Paragraph 11.2(a) | 11.1.1(a) | paragraphs 11.1.1(a) |
| Subsection 11.3, heading | Serious accidents or incidents | Marine incidents |
| Subsection 11.3 | serious accident or incident | marine incident |
| Subsection 11.3 | the accident or incident | the marine incident |
| Subsection 11.3 | General Manager | General Manager, Ship Safety Division |
| Subsection 11.3 | 11.2 | subsection 11.2 |
| Subsection 11.3 | certificate | seafarer certificate |
| Subsection 11.4.1 | cancel | revoke |
| Subsection 11.4.1 | cancellation, revocation | revocation |
| Paragraph 11.4.1(b) | provision 5.1 | section 5 |
| Subsection 11.4.2 | cancellation | revocation |
| Subsection 11.6, heading | Cancelled or suspended certificates | Suspended seafarer certificates |
| Subsection 11.6.1 | certificate that has been cancelled or | seafarer certificate that has been |
| Subsection 11.6.1 | cancellation or suspension | suspension |
| Subsection 11.6.3 | has been cancelled, is | is |
| Subsections 11.6.1 and 11.8.2 | This is a penal provision | Penalty: 50 penalty units. |
| Subsection 11.8.2 | days for cancellation | days |
| Section C, heading | requirements for certificates | eligibility criteria for seafarer certificates and STCW Endorsements |
| Section 12 | certificate | seafarer certificate |
| Section 12 | Part | Order |
| Subsection 13.1 | Manager, | Manager, Ship Operations and Qualifications; |
| Subsections 13.1 and 13.2 | Marine Orders, Part 9 (Health—Medical Fitness) | Marine Order 9 (Health — medical fitness) 2010 |
| Section 14 | ship | a vessel |
| Subsections 14.1 and 14.2 | is only qualified to | may |
| Section 15 | Manager | Manager, Ship Operations and Qualifications |
| Section 15 | Part | Order |
| Section 15 | hold a | be issued a seafarer |
| Subsection 16.1 | qualified | eligible |
| Subsection 16.1 | sections 16.2 | subsections 16.2 |
| Subsection 16.2 | ship | vessel |
| Subsection 16.5 | Manager | Manager, Ship Operations and Qualifications |
| Subsection 16.6 | ships | vessels |
| Section 18 | ships | vessels |
| Section 18.1.2 | Personnel | Seafarers |
| Section 18.1.3 | other personnel | seafarers |
| Section 18.1.4 | Personnel | Seafarers |
| Section 18.1.5 | other persons | seafarers |
| Section 18.1.6 | person | seafarer |
| Subsections 18.2.2 and 18.2.3 | other personnel | seafarers |
| subsection 18.2.3 | and responsibilities | or functions |
| subsection 18.2.4 | Personnel | Seafarers |
| subsections 18.2.5 and 28.2.6 | person | seafarer |
| Subsection 18.3 | 18.1 | subsection 18.1 |
| Subsection 24.1, Table 1 | ships | vessels |
| Subsection 24.1, Table 1 | Duties permitted | Duties |
| Subsection 24.2 | Part | Order |
| Subsection 24.2.1 | or a | or an equivalent |
| Subsection 24.2.3 | Provision | Subsection |
| Section 25 | Manager | Manager, Ship Operations and Qualifications |
| Section 25, heading | Eligibility | Eligibility criteria |
| Subsection 25.1.1 | 25.1.2 | subsection 25.1.2 |
| Paragraph 25.1.1(b) | on ships | on vessels |
| Subparagraph 25.1.1(b)(i) | trading ships | trading vessels |
| Subparagraph 25.1.1(b)(ii) | ships | vessels |
| Subparagraph 25.1.1(b)(iii) | (i) | subparagraph (i) |
| Subparagraph 25.1.1(d)(i) | issued in accordance with 19.2 | mentioned in section 45 |
| Subsection 25.1.2 | 25.1.1 | subsection 25.1.1 |
| Subsection 25.1.2 | ships | vessels |
| Paragraph 25.2(b) | on ships | on vessels |
| Subparagraph 25.2(b)(i) | trading ships | trading vessels |
| Subparagraph 25.2(b)(ii) | ships | vessels |
| Subparagraphs 25.2(d)(i) and 25.3(e)(i) | issued in accordance with 19.2 | mentioned in section 45 |
| Paragraph 25.3(c) | on ships | on vessels |
| Subparagraphs 25.3(c)(ii) and (iv) | trading ships | trading vessels |
| Subparagraph 25.3(c)(v) | on ships | on vessels |
| Subparagraph 25.3(c)(v) | trading ships | trading vessels |
| Subsection 25.4.1 | 25.4.2 | subsection 25.4.2 |
| Paragraph 25.4.1(b) | trading ships | trading vessels |
| Subparagraph 25.4.1(b)(i) | (a) | paragraph (a) |
| Subparagraph 25.4.1(d)(i) | issued in accordance with 19.2 | mentioned in section 45 |
| Subsection 25.4.2 | 25.4.1 | subsection 25.4.1 |
| Subsection 25.4.2 | ships | vessels |
| Subparagraph 25.4.2(a)(iii) | (i) | subparagraphs (i) |
| Paragraph 25.5(b) | trading ships | trading vessels |
| Subparagraph 25.5(b)(i) | (a) | paragraph (a) |
| Subparagraph 25.5(b)(ii) | ships | vessels |
| Subparagraphs 25.5(d)(i), 25.6.1(e)(i) and 25.6.2(d)(i) | issued in accordance with 19.2 | mentioned in section 45 |
| Subsections 25.6.1 and 2 | on ships | on vessels |
| Subparagraph 25.6.1(c) | trading ships | trading vessels |
| Subsection 25.6.2 | trading ships | trading vessels |
| Subsection 25.7 | on ships | on vessels |
| Paragraph 25.7(c) | (b) | paragraph (b) |
| Paragraph 25.7(c)(ii) | trading ship | trading vessel |
| Subparagraph 25.7(e)(i) | issued in accordance with 19.2 | mentioned in section 45 |
| Subsection 26.1 | ship | vessel |
| Subsection 26.4 | trading ship | trading vessel |
| Subsection 26.5.1 | supply ships | supply vessels |
| Subsections 26.5.1 and 26.5.2 | trading ships | trading vessels |
| Subsection 26.5.2 | Australian Government ships | government vessels |
| Subsection 26.6 | trading ships | trading vessels |
| Subsection 26.6 | fishing vessels | vessels |
| Section 27 | ship | vessel |
| Section 31, heading | certificates | certificates and duties |
| Subsection 31.1.3, Table 3, definitions of ACMW, o/s and i/s | part | Order |
| Subsection 31.1.3, Table 3, definitions | * refer to Provision 31.3 | * refer to section 48 |
| Subsection 31.2 | Manager | Manager, Ship Operations and Qualifications |
| Subsection 31.4 | Part | Order |
| Subsection 32.1 | ships | vessels |
| Subsections 32.1 and 32.2 | Manager | Manager, Ship Operations and Qualifications |
| Subsection 32.2 | ships | vessels |
| Paragraph 32.3(b) | 33 | section 33 |
| Subsection 32.3 | ships | vessels |
| Subsection 32.4 | Manager | Manager, Ship Operations and Qualifications |
| Paragraph 33.2(c), footnote | Manager | Manager, Ship Operations and Qualifications |
| Paragraph 34.2(b) | (c) | paragraph (c) |
| Paragraph 34.2(b) | off-shore | offshore |
| Paragraph 34.2(c) | (b) | paragraph (b) |
| Subsection 34.4 | ship | vessel |
| Subsection 34.5 | 34.2 | subsections 34.2 |
| Subsection 34.5 | off-shore | offshore |
| Subparagraph 34.5(b)(iii) | (i) | subparagraph (i) |
| Section 37, heading | certificates | certificates and duties |
| Subsection 37.1, Table 5 | Highest duties permitted | Duties |
| Subsection 37.1, Table 5 | designated ship | designated vessel |
| Subsection 37.1, Table 5 | board ship | board a vessel |
| Subsection 37.1, Table 5, note | any ship | any vessel |
| Subsection 37.2 | Part | Order |
| Subsection 38.1 | 39.1 | subsection 39.1 |
| Paragraph 38.2.1(a) | 38.2.2 | subsection 38.2.2 |
| Paragraph 38.2.1(a) | 39.2 | subsection 39.2 |
| Paragraph 38.2.1(c) | ship | vessel |
| Subsection 38.2.2 | Manager | Manager, Ship Operations and Qualifications |
| Paragraph 38.3(a) | Manager | Manager, Ship Operations and Qualifications |
| Paragraph 38.3(a) | Part | Order |
| Subparagraph 38.4(b)(i) | 39.3 | subsection 39.3 |
| Paragraph 38.5(b) | 39.4 | subsection 39.4 |
| Subsection 39.1 | 39.2 | subsection 39.2 |
| Subparagraph 39.1(b)(ii) | ships | vessels |
| Paragraph 39.1(c) | Ship | Vessel |
| Paragraph 39.2(b) | ship | vessel |
| Paragraph 39.2(b) | Manager | Manager, Ship Operations and Qualifications |
| Paragraph 39.2(b) | ships | vessels |
| Paragraph 39.3(b) | ship | vessel |
| Subparagraph 39.4(a)(iv) | 6and | and |
| Subsection 39.5 | ship | vessel |
| Subsection 40.2 | Part | Order |
| Subsection 41 | The officers in | An officer who takes |
| Section 41 | WIG Officer Certificate issued under this Part | seafarer certificate that is a WIG Officer Certificate |
| Sections 42 and 43, heading | Eligibility | Eligibility criteria |
| Subparagraph 43(a)(ii) | ship | vessel |
| Subparagraph 43(a)(ii) | Manager | Manager, Ship Operations and Qualifications |
[47] Further amendments — definitions
Each definition in section 2 (other than the definition of International Safety Management Code is amended by:
(a) for definitions other than the definition of WIG craft — omitting the concluding semi-colon and inserting a full stop; and
(b) formatting the defined term in bold italic.
[48] Further amendments — footnotes
| footnote | instruction |
| 4 | Re-locate as a note at the foot of subsection 6.1.1 |
| 7 | Re-locate as a note at the foot of paragraph 10.1(d) |
| 12 | Omit |
| 13 | Re-locate as a note at the foot of subsection 31.1.1 |
| 15 | Re-locate as a note at the foot of paragraph 33.2(c) |
| 18 | Re-locate as a note at the foot of subsection 38.2.2 |
Note Footnotes not mentioned in this instrument are omitted as a consequence of the text to which they relate being omitted.
Schedule 3 Marine Orders Part 6, issue 5
(section 3)
[1] Section 1
substitute
Name of Order
This Order is Marine Order 6 (Marine radio qualifications) 2000.
2 Purpose
This Order:
(a) gives effect to Regulation 16 of Chapter IV of SOLAS which provides that every ship must carry personnel qualified for distress and safety radio communication to the satisfaction of the Administration; and
(b) gives effect to Regulation IV/2 of Chapter IV of the STCW Convention which requires that every person in charge of or performing radio duties on a ship that is required to participate in the GMDSS must hold an appropriate certificate related to the GMDSS; and
(c) provides for certification requirements for persons operating radio installations, radio navigational aids and communication equipment in a vessel.
3 Power
3.1 Sections 28 to 33 and 40 of the Navigation Act provide for the making of regulations for seafarer certificates.
3.2 Subsection 28(2) and paragraph 340(1)(h) of the Navigation Act provide that regulations may give effect to the STCW Convention.
3.3 Section 314 provides that the regulations may prescribe certain matters for certificates.
3.4 Subsection 339(1) of the Navigation Act 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.
3.5 Paragraph 340(1)(a) of the Navigation Act provides that the regulations may give effect to SOLAS.
3.6 Subsection 342(1) of the Navigation Act provides for the making of Marine Orders for any matter for which provision must or may be made by the regulations.
[2] Section 2, heading
substitute
4 Definitions
In this Order:
[3] Section 2, definitions of approved and AMSA
substitute
appropriate certificate means a certificate that:
(a) is issued in a country other than Australia; and
(b) permits the operation of radio installations on a ship; and
(c) the Manager is satisfied is equivalent to a GMDSS certificate.
approved means approved in writing by the Manager, Ship Operations and Qualifications.
[4] Section 2, definitions of Certificate of Recognition, General Manager, GMDSS certificate and GMDSS ship
substitute
certificate of recognition means a certificate issued under the Act and mentioned in section 9.
fully fitted, for GMDSS equipment, means that the equipment satisfies the functional requirements of:
(a) for a vessel to which SOLAS applies — regulation 4 of Chapter IV of SOLAS; or
(b) for a vessel to which SOLAS does not apply — subsection 7.2 of Marine Order 27 (Radio equipment) 2009.
GMDSS certificate means a certificate issued under the Act and mentioned in section 8.
(c) a recreational vessel that has Australian nationality.
[10] Section 5
substitute
5 Review of decisions
A decision under section 8 is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011.
[11] After subsection 8.2.3
insert
8.2.4 An offence against subsection 8.2.3 is a strict liability offence.
8.2.5 A person is liable to a civil penalty if the person contravenes subsection 8.2.3.
Civil penalty: 50 penalty units.
[12] Further amendments — definitions
Each definition in section 2 (other than the definition of IMDG Code) is amended by:
(a) omitting the concluding semi-colon and inserting a full stop; and
(b) formatting the defined term in bold italic.
[13] Further amendments
provision
omit each mention of
insert
Subsection 1.1.1
Part of Marine Orders
Marine Order
Subsection 1.1.2
The Part
This Order
Subsection 1.1.2
Division 12B of Part IV
Chapter 4
Subsection 1.2.3
Subsection 425(1AA)
Subsection 342(1)
Section 4
Subject
4.1 Subject
Section 4
subsection 267ZB(2)
section 12
Section 4
Part
Order
Subsection 6.1
subsection 267ZC
paragraph 340(1)(c)
Section 6, note
surveyor
inspector
Subsection 7.4.1
the Appendix
Schedule 1
Section 8
ship
vessel
Section 8
This is a penal provision.
Penalty: 50 penalty units.
Subsection 8.1, heading
ships
foreign vessels
Subsection 8.1
a surveyor
an inspector
Subsection 8.1
the surveyor
the inspector
Subsection 8.2, heading
ships
foreign vessels
Subsection 8.2.1
A surveyor
An inspector
Subsection 8.2.1
8.1
subsection 8.1
Subsection 8.2.2
surveyor
inspector
Subsection 8.2.3
8.2.1
subsection 8.2.1
Appendix, heading
Appendix
Marine Pollutants Report Form
Schedule 1 Marine Pollutants Report Form
Schedule 41 Marine Orders Part 96, issue 2
(section 3)
[1] Before section 1
insert
1A Name of Order
This Order is Marine Order 96 (Marine pollution prevention — sewage) 2009.
[2] After subsection 1.2.1
insert
1.2.1A Subsection 130(1) of the Navigation Act provides that the regulations may make provision about pollution certificates.
1.2.1B Subsection 314(3) of the Navigation Act provides that the regulations may prescribe various matters about certificates, including the time when certificates, variations of certificates and revocation of certificates come into force.
1.2.1C Subsection 341(1) of the Navigation Act provides that the regulations may provide for the imposition of penalties and civil penalties for a contravention of the regulations or a notice, order, direction or instruction given, issued or made under, or in force because of, the regulations.
[3] Subsection 1.2.3
substitute
1.2.3 Subsection 342(1) of the Navigation Act provides that AMSA may make orders for any matter for which provision must or may be made by regulation.
1.2.4 Subsection 34(1) of the Pollution Prevention Act provides that AMSA may make orders for any matter for which provision may be made by regulation.
[4] Section 2, heading
substitute
2 Definitions
In this Order:
[5] Section 2, definitions of AMSA, Australian ship, Deputy CEO, IMO, Manager, Ship Inspections, MARPOL and penal provision
omit
[6] Section 2, definition of sewage certificate
substitute
ISPP certificate (or International Sewage Pollution Prevention Certificate) means:
(a) a pollution certificate relating to sewage issued under section 132 of the Navigation Act; or
(b) a certificate relating to Annex IV issued under section 319 of the Navigation Act.
[7] Section 2, definitions of survey authority, the Navigation Act and the Pollution Prevention Act
omit
[8] Section 2, at the foot
insert
Note 1 Some terms used in this Order are defined in Marine Order 1 (Administration) 2011, including:
• Area Manager
• General Manager, Maritime Operations Division
• General Manager, Marine Environment Division
• General Manager, Ship Safety Division
• IMO
• Manager, Marine Environment Standards
• Manager, Ship Inspection and Registration
• Manager, Ship Operations and Qualifications
• MARPOL
• Navigation Act
• Pollution Prevention Act.
Note 2 Other terms used in this Order are defined in the Navigation Act or Pollution Prevention Act including, in the Navigation Act:
• AMSA
•inspector
•recognised organisation (for organisations that have been prescribed for the definition — see Marine Order 1 (Administration) 2011)
•regulated Australian vessel.
Note 3 Most provisions of this Order are expressed using terms used in the Navigation Act (for example, vessel). However, some provisions of this Order that are made solely under the Pollution Prevention Act use terms used in that Act (for example, ship). An example of a provision using terms used in the Pollution Prevention Act is subsection 10.4.
Note 4 There is information on obtaining copies of IMO resolutions and documents mentioned in this Order on AMSA’s website at http:/ or by email at international [email protected].
[9] Section 3
omit
[10] Subsection 4.1
omit everything after
applies
insert
to:
(a) a non-foreign vessel:
(i) to which Annex IV is expressed to apply; or
(ii) owned or operated by the Commonwealth and used, for the time being, on government non-commercial service; and
(b) a foreign vessel to which Annex IV is expressed to apply.
Note 1 The legislation mentioned in subsection 4.1 provides, in effect, that this Order does not apply to certain vessels to which MARPOL applies because of a law of a State or the Northern Territory or the Maritime Safety (Domestic Commercial Vessel) National Law.
Note 2 A provision of this Order made under the Navigation Act affects foreign vessels only to the extent that it is expressed to apply to foreign vessels.
[11] Subsection 4.2
substitute
4.2 For subsection 4.1, each of the following is a non-foreign vessel:
(a) a regulated Australian vessel;
(b) a domestic commercial vessel;
(c) a recreational vessel that has Australian nationality.
[12] Sections 5 and 6
substitute
5 Equivalents
5.1 A person may apply, in accordance with the application process set out in Marine Order 1 (Administration) 2011, for approval to use an equivalent.
Note For definitions of equivalent and use — see subsection 5.4.
5.2 The decision maker for the application is the Manager, Ship Inspection and Registration.
5.3 The decision maker may approve use of an equivalent only if he or she is satisfied that use of the equivalent would be at least as effective as compliance with the requirement to which the equivalent is an alternative.
5.4 For this section:
equivalent means:
(a) a fitting, material, appliance or apparatus that could be fitted or carried in a vessel as an alternative to a fitting, material, appliance or apparatus that a provision of this Order requires to be fitted or carried in the vessel; or
(b) an arrangement that could be made, or a procedure that could be followed, for a vessel, its equipment or cargo as an alternative to a requirement of this Order.
use, of an equivalent, includes:
(a) for a fitting, material, appliance or apparatus — fitting or carrying it in or on a vessel; and
(b) for an arrangement or procedure — making the arrangement or following the procedure.
Note Marine Order 1 (Administration) 2011 deals with the following matters about equivalents:
·making an application
·seeking further information about an application
·the time allowed for consideration of an application
·imposing conditions on approval of an application
·notification of a decision on an application
·review of decisions.
6Review of decisions
A decision under this Order, other than a decision under section 5, is taken to be a reviewable decision for section 18 of Marine Order 1 (Administration) 2011.
Note 1 A decision under section 5 is also a reviewable decision for Marine Order 1 (Administration) 2011 because it is mentioned in section 16 of that Order.
Note 2 Section 313 of the Navigation Act provides for review by the Administrative Appeals Tribunal of decisions under sections 132, 133 and 134 of the Act relating to pollution certificates.
[13] Subsection 8.5.3, note
omit
[14] After subsection 8.5.3
insert
8.5.4 An offence against subsection 8.5.3 is a strict liability offence.
8.5.5 A person is liable to a civil penalty if the person contravenes subsection 8.5.3.
Civil penalty: 50 penalty units.
8.5.6 If the vessel is at sea or at a port outside Australia, the report mentioned in subsection 8.5.3 must be made through the Rescue Coordination Centre (RCC) Australia (telephone +61 2 6230 6811; fax +61 2 6230 6868).
8.5.7 If the vessel is at a port outside Australia, the master must also report the accident or defect to the appropriate authority of the country where the port is situated.
[15] Subsection 9.1
substitute
9.1 Preliminary matters about ISPP certificates
9.1.1 For subsection 130(3) of the Navigation Act (which enables the regulations to provide that specified vessels are required to have specified pollution certificates), a vessel to which this Order applies must have an ISPP certificate.
9.1.2 For subsection 131(1) of the Navigation Act (which enables a person to apply to an issuing body for a pollution certificate of a kind specified in the regulations), an ISPP certificate is specified for a vessel to which this Order applies.
9.1.3 For section 132 of the Navigation Act (which enables criteria to be prescribed for the issue of a pollution certificate), the criteria for the issue of an ISPP certificate for a vessel are that the vessel:
(a) complies with Regulation 4 of Annex IV; and
(b) has been surveyed in accordance with section 8; and
(c) complies with the requirements that apply to it under section 8.
9.1.4 For section 133 of the Navigation Act (which enables criteria to be prescribed for the variation of a pollution certificate), the criteria for variation of an ISPP certificate for a vessel are that:
(a) the vessel has been surveyed in accordance with section 8; and
(b) the vessel complies with the requirements that apply to it under section 8; and
(c) the variation is in accordance with subsection 9.4.
9.1.5 The form of an ISPP certificate is the International Sewage Pollution Prevention Certificate set out in the Appendix to Annex IV.
Note A new certificate for a ship transferring to the Australian flag will not be issued until an issuing body is satisfied that the ship complies with Annex IV.
[16] Subsection 9.2
omit
ceasing to have effect at an earlier date in accordance with section 267ZJ or section 267ZL of the Navigation Act.
insert
earlier revoked.
Note See subsection 9.4 for circumstances in which an ISPP certificate may be varied to extend its period of validity.
[17] Subsection 9.4, heading
substitute
9.4 Variation of certificate to extend validity
[18] Subsection 9.5
substitute
9.5 Criteria for revocation of certificate
For section 134 of the Navigation Act (which enables criteria to be prescribed for the revocation of a pollution certificate), the criteria for revocation of an ISPP certificate for a vessel are that:
(a) a survey required by section 8 at a particular time is not completed when required by section 8; or
(b) the vessel to which it applies ceases to be registered in Australia.
[19] Subsections 10.1 and 10.2
substitute
10.1 Reporting of alterations to vessels
For paragraph 137(1)(c) of the Navigation Act, the period within which an issuing body must be informed of an alteration to a vessel is 7 days after the alteration is made.
Note An approved form for subsection 10.1 is available from AMSA’s website: For convenience, the approved form is also reproduced in Schedule 1 as Form MO —96/1.
10.2 Marine incidents
For paragraph (l) of the definition of marine incident in subsection 14(1) of the Navigation Act, an incident that causes damage to a vessel to an extent that may affect compliance with the requirements of an ISPP certificate in force for the vessel is prescribed.
Note 1 The owner of a vessel must report marine incidents and dangers to navigation to AMSA— see s185 of the Navigation Act. The master of a vessel must report marine incidents and dangers to navigation to AMSA — see s186 of the Navigation Act. Section 13A of Marine Order 31 (Ship surveys and certification) 2006 prescribes matters for these reports.
Note 2 For serving documents if there is no master of a vessel — see section 328 of the Navigation Act.
[20] After subsection 11.2.1
insert
Note For other reporting requirements — see Transport Safety Investigation Act 2003, sections 18 and 19.
[21] After subsection 11.2.3
insert
11.2.4 An offence against subsection 11.2.3 is a strict liability offence.
11.2.5 A person is liable to a civil penalty if the person contravenes subsection 11.2.3.
Civil penalty: 50 penalty units.
[22] Appendix, Form MO—96/1
substitute
| AUSTRALIA Form MO96/1 Marine Order 96 (Marine pollution prevention — sewage) 2006 NOTICE OF ALTERATION TO VESSEL To: Manager, Ship Inspection and Registration PARTICULARS TO BE NOTIFIED 1. Name of vessel. 2. Official number (if any). 3. IMO number (if any). 4. Home port/port of registry. 5. Call sign. 6. Name of owner(s) or agent. 7. Address of principal place of business of owner or agent in Australia. 8. Date of issue and reference number of International Sewage Pollution Prevention Certificate. 9. Description of nature and extent of alteration to the vessel (including date(s) on which alterations were commenced and completed). 10. Name and address of person or corporation effecting alteration. 11. Reason(s) for, or cause(s) of alteration. 12. Particulars of changes in the construction of the ship. 13. Additional information (if any) affecting the compliance of the vessel with the provisions of Annex IV (MARPOL). …............................................... (signature of master or owner) ........................................ (date) |
[23] Further amendments — definitions
Each definition in section 2 (other than the definition of ISPP certificate) is amended by:
(a) omitting the concluding semi-colon and inserting a full stop; and
(b) formatting the defined term in bold italic.
[24] Further amendments
| provision | omit each mention of | insert |
| Subsection 1.1 | Part of Marine Orders | Order |
| Subsection 1.2.1 | Section 267ZF | Paragraph 340(1)(c) |
| Subsection 1.2.2 | 425(1) | 339(1) |
| Subsection 4.1 | subsection 267ZE(3) | section 12 |
| Subsections 4.1 and 4.3 | Part | Order |
| Subsection 4.3 | Provisions | Sections |
| Subsection 4.3 | ship that is not an Australian ship | foreign vessel |
| Section 7 | Inspections | Inspection and Registration |
| Subsection 7.1 | ship | vessel |
| Subsection 7.1 | survey authority | recognised organisation |
| Subsection 7.2 | ship’s | vessel’s |
| Subsection 7.2 | ships | vessels |
| Subsection 7.2.1 | 7.2.2 | subsection 7.2.2 |
| Section 8 | ship | vessel |
| Paragraph 8.1(a) | a sewage | an ISPP |
| Paragraph 8.1(b) | 9.3 | subsections 9.3 |
| Paragraph 8.1(c) | 8.4 | subsection 8.4 |
| Subsections 8.2 and 8.3 | ship’s | vessel’s |
| Subsection 8.4 | 8.5.3 | subsection 8.5.3 |
| Subsection 8.5.2 | Inspections | Inspection and Registration |
| Subsection 8.5.3 | 8.4 | subsection 8.4 |
| Subsection 8.5.3 | Inspections | Inspection and Registration |
| Subsection 8.5.3 | This is a penal provision. | Penalty: 50 penalty units. |
| Subsection 9.2 | A sewage | An ISPP |
| Paragraph 9.2(b) | 9.3 | subsection 9.3 |
| Subsection 9.3 | 9.2(b) | paragraph 9.2(b) |
| Subsection 9.4 | Manager, Ship Inspections | Manager, Ship Inspection and Registration |
| Subsection 9.4 | ship | vessel |
| Subsection 9.4.1 | a sewage | an ISPP |
| Subsection 9.4.2 | sewage | ISPP |
| Subsection 9.4.2 | survey authority | recognised organisation |
| Subsection 9.4.3 | a sewage | an ISPP |
| Subsection 9.4.4 | A sewage | An ISPP |
| Subsection 9.4.4 | 9.4.1 | subsection 9.4.1 |
| Subsection 9.4.5 | sewage | ISPP |
| Subsection 9.4.5 | 9.3 | subsection 9.3 |
| Section 11, subsection headings | ships | foreign vessels |
| Section 11 | ship | vessel |
| Subsections 11.1 and 11.2.2 | the surveyor | the inspector |
| Paragraph 11.1(a) | a surveyor | an inspector |
| Subsection 11.2.1 | A surveyor | An inspector |
| Subsection 11.2.1 | 11.1 | subsection 11.1 |
| Subsection 11.2.3 | 11.2.1 | subsection 11.2.1 |
| Subsection 11.2.3 | This is a penal provision. | Penalty: 50 penalty units. |
| Appendix, heading | Appendix | Schedule 1 |
Schedule 42 Marine Orders Part 97, issue 1
(section 3)
[1] Paragraph 1.1(b)
substitute
(b) gives effect to Chapter 4 of the Navigation Act and prescribes matters for Division 2 of Part IIID of the Pollution Prevention Act.
[2] After subsection 1.2.1
insert
1.2.1A Subsection 130(1) of the Navigation Act provides that the regulations may make provision about pollution certificates.
1.2.1B Subsection 314(3) of the Navigation Act provides that the regulations may prescribe various matters about certificates, including the time when certificates, variations of certificates and revocation of certificates come into force.
1.2.1C Subsection 341(1) of the Navigation Act provides that the regulations may provide for the imposition of penalties and civil penalties for a contravention of the regulations or a notice, order, direction or instruction given, issued or made under, or in force because of, the regulations.
[3] Subsection 1.2.3
substitute
1.2.3Subsection 342(1) of the Navigation Act provides that AMSA may make orders for any matter for which provision must or may be made by regulation.
1.2.4Subsection 34(1) of the Pollution Prevention Act provides that AMSA may make orders for any matter (other than the imposition of penalties) for which provision may be made by regulation.
[4] Section 2, heading
substitute
2 Definitions
2.1 In this Order:
[5] Section 2, definition of Area Manager
omit
[6] Section 2, definition of IAPP Certificate, including the note
substitute
EIAPP certificate (or Engine International Air Pollution Prevention certificate) means:
(a) a pollution certificate relating to air pollution or ozone depleting substances issued under section 132 of the Navigation Act for engines and equipment; or
(b) a certificate relating to Annex VI issued under section 319 of the Navigation Act for engines and equipment.
Note For the form of certificate — see subsection 8.1A.6.
IAPP certificate (or International Air Pollution Prevention certificate) means:
(a) a pollution certificate relating to air pollution or ozone depleting substances issued under section 132 of the Navigation Act for a vessel; or
(b) a certificate relating to Annex VI issued under section 319 of the Navigation Act for a vessel.
Note For the form of certificate — see subsection 8.1A.5.
[7] Section 2, after the note
insert
Note 2 Some terms used in this Order are defined in the Navigation Act or Pollution Prevention Act, including:
·AMSA
·inspector
·recognised organisation (for organisations that have been prescribed for the definition — see Marine Order 1 (Administration) 2011)
·regulated Australian vessel.
2.2 An EIAPP certificate for an engine installed on a vessel is taken to be issued for the vessel.
2.3 A vessel is taken to have an EIAPP certificate if each engine installed on the vessel has an EIAPP certificate.
[8] Subsection 4.1
omit everything after
applies
insert
to:
(a) a non-foreign vessel:
(i) to which Annex VI is expressed to apply; or
(ii) owned or operated by the Commonwealth and used, for the time being, on government non-commercial service; and
(b) a foreign vessel to which Annex VI is expressed to apply.
Note 1 The legislation mentioned in subsection 4.1 provides, in effect, that this Order does not apply to certain vessels to which MARPOL applies because of a law of a State or the Northern Territory or the Maritime Safety (Domestic Commercial Vessel) National Law.
Note 2 A provision of this Order made under the Navigation Act affects foreign vessels only to the extent that it is expressed to apply to foreign vessels.
[9] After subsection 4.1
insert
4.1A For subsection 4.1, each of the following is a non-foreign vessel:
(a) a regulated Australian vessel;
(b) a domestic commercial vessel;
(c) a recreational vessel that has Australian nationality.
[10] Subsection 7.8
substitute
7.8 Emission of nitrogen oxides from engines
The requirements for the issue of an EIAPP certificate for engines and equipment are that the engines and equipment:
(a) are surveyed in accordance with the NOx Technical Code 2008; and
(b) are found to comply with Regulation 13 of Annex VI.
Note See also IMO Resolution MEPC.103(49): Guidelines for on-board NOx verification procedure — direct measurement and monitoring method.
[11] Section 7.9.3, note
omit
[12] After subsection 7.9.3
insert
7.9.4 An offence against subsection 7.9.3 is a strict liability offence.
7.9.5 A person is liable to a civil penalty if the person contravenes subsection 7.9.3.
Civil penalty: 50 penalty units.
7.9.6 If the vessel is at sea or at a port outside Australia, the report mentioned in subsection 7.9.3 must be made to the Manager, Ship Inspection and Registration, through the Rescue Coordination Centre (RCC) Australia.
Note Contact details for the RCC are: telephone: +61 (0)2 6230 6811; freecall: 1800 641 792 (within Australia); facsimile: +61 (0)2 6230 6868; AFTN: YSARYCYX; e‑mail: [email protected].
7.9.7 If the vessel is at a port outside Australia, the master must also report the accident or defect to the appropriate authority of the country where the port is situated.
[13] Before subsection 8.1
insert
8.1A Preliminary matters about IAPP certificates
8.1A.1 For subsection 130(3) of the Navigation Act (which enables the regulations to provide that specified vessels are required to have specified pollution certificates), a vessel to which this Order applies must have:
(a) an IAPP certificate; and
(b) an EIAPP certificate for each engine installed on the vessel.
8.1A.2 For subsection 131(1) of the Navigation Act (which enables a person to apply to an issuing body for a pollution certificate of a kind specified in the regulations), an IAPP certificate and an EIAPP certificate are specified for a vessel to which this Order applies.
8.1A.3 For section 132 of the Navigation Act (which enables criteria to be prescribed for the issue of a pollution certificate), the criteria for issue of an IAPP certificate for a vessel are that the vessel:
(a) complies with Regulation 5 of Annex VI; and
(b) has been surveyed in accordance with section 7; and
(c) complies with the requirements that apply to it under section 7.
8.1A.4 For section 133 of the Navigation Act (which enables criteria to be prescribed for the variation of a pollution certificate), the criteria for variation of an IAPP certificate for a vessel are that:
(a) the vessel has been surveyed in accordance with section 7; and
(b) the vessel complies with the requirements that apply to it under section 7; and
(c) the variation is in accordance with subsections 8.3 and 8.4.
8.1A.5 The form of an IAPP certificate is the International Air Pollution Prevention Certificate set out in Appendix I to Annex VI.
8.1A.6 The form of an EIAPP certificate is the Engine International Air Pollution Prevention Certificate set out in Appendix I to the NOx Technical Code 2008.
Note A new certificate for a ship transferring to the Australian flag will not be issued until an issuing body is satisfied that the ship complies with Annex VI.
[14] Section 8, note before subsection 8.1
omit
[15] Subsection 8.1
omit
ceasing to have effect at an earlier date in accordance with section 267ZZ or section 267ZZB of the Navigation Act.
insert
earlier revoked.
Note See subsection 8.1A.4 for circumstances in which an IAPP certificate may be varied to extend its period of validity.
[16] Subsection 8.3, heading
substitute
8.3 Variation of certificate to extend validity
[17] Subsection 8.5
substitute
8.5 Criteria for revocation of certificate
For section 134 of the Navigation Act (which enables criteria to be prescribed for the revocation of a pollution certificate), the criteria for revocation of an IAPP certificate for a vessel are that:
(a) a survey required by section 7 at a particular time is not completed when required by section7; or
(b) the vessel to which it applies ceases to be registered in Australia.
[18] After subsection 9.2.1
insert
9.2.1A An offence against subsection 9.2.1 is a strict liability offence.
9.2.1B A person is liable to a civil penalty if the person contravenes subsection 9.2.1.
Civil penalty: 50 penalty units.
[19] After subsection 9.3.2
insert
9.3.2A An offence against subsection 9.3.2 is a strict liability offence.
9.3.2B A person is liable to a civil penalty if the person contravenes subsection 9.3.2.
Civil penalty: 50 penalty units.
[20] After subsection 10.10
insert
10.11 An offence against subsection 10.1, 10.4, 10.6, 10.7, 10.8, 10.9 or 10.10 is a strict liability offence.
10.12 A person is liable to a civil penalty if the person contravenes subsection 10.1, 10.4, 10.6, 10.7, 10.8, 10.9 or 10.10.
Civil penalty: 50 penalty units.
[21] Subsection 11
substitute
11 Matters prescribed for the Navigation Act
11.1 Reports of alterations to vessels
For paragraph 137(1)(c) of the Navigation Act, the period within which AMSA and an issuing body must be informed of an alteration to a vessel is 7 days after the alteration is made.
Note 1 An approved form for subsection 11.1 is available from AMSA’s website: For convenience, the approved form is reproduced in Schedule 1 as Form MO — 97/1.
Note 2 For other reporting requirements — see Transport Safety Investigation Act 2003, sections 18 and 19.
11.2 Marine incidents
For paragraph (l) of the definition of marine incident in subsection 14(1) of the Navigation Act, an incident that causes damage to a vessel to an extent that may affect compliance with the requirements of an EIAPP certificate or IAPP certificate in force for the vessel is prescribed.
Note 1 The owner of a vessel must report marine incidents and dangers to navigation to AMSA— see s185 of the Navigation Act. The master of a vessel must report marine incidents and dangers to navigation to AMSA — see s186 of the Navigation Act. Section 13A of Marine Order 31 (Ship surveys and certification) 2006 prescribes matters for these reports.
Note 2 For serving documents if there is no master of a vessel — see section 328 of the Navigation Act.
[22] Schedule 1, Form MO — 97/1
omit
Marine Orders, Part 97 (Marine Pollution Prevention —Air Pollution)
insert
Marine Order 97 (Marine pollution prevention — air pollution) 2007
[23] Schedule 1, Form MO — 97/1
omit
*Manager Ship Inspection and Registration
*Area Manager, Maritime Operations -.............
(* — delete which inapplicable)
insert
Manager, Ship Inspection and Registration
Area Manager, Ship Safety — .............
Recognised organisation that issued the certificate............
[24] Further amendments
| provision | omit each mention of | insert |
| Section 1A | Orders Part 97, issue 1 | Order 97 (Marine pollution prevention — air pollution) 2007 |
| Subsection 1.1 | Part of Marine Orders | Order |
| Subsection 1.2.1 | 425(1) | 339(1) |
| Subsection 1.2.1 | Section 267ZV | Paragraph 340(1)(c) |
| Section 2, definition of NOx Technical Code | Code | Code 2008 |
| Section 2, note | Note | Note 1 |
| Section 2, note | Part | Order |
| Section 2, note | Marine Order 1, issue 2 | Marine Order 1 (Administration) 2011 |
| Section 2, note | · AMSA | · Area Manager |
| Section 2, note | · penal provision · survey authority. | · Pollution Prevention Act. |
| Subsection 3.1 | ship | vessel |
| Subsection 3.1 | survey authority | recognised organisation |
| Subsection 3.1 | Inspections | Inspection and Registration |
| Subsection 3.1, note | Part | Order |
| Section 4 | Part | Order |
| Subsection 4.1 | subsection 267ZU(2) | section 12 |
| Subsection 4.2 | Provisions 7 and 8 of this Part | Sections 7 and 8 |
| Subsection 4.2 | ship that is not an Australian ship | foreign vessel |
| Subsection 4.2 | 267ZX | section 319 |
| Section 5 | ship | vessel |
| Paragraph 5.1(a) | Part | Order |
| Subsection 5.2 | Marine Order 1, issue 2 | Marine Order 1 (Administration) 2011 |
| Subsection 5.3 | provision | subsection |
| Subsection 5.3, note | Marine Order 1, issue 2 | Marine Order 1 (Administration) 2011 |
| Subsection 7.1 | ship | vessel |
| Paragraph 7.1(b) | provisions | subsections |
| Subsection 7.5 | 7.2 | subsection 7.2 |
| Subsection 7.5 | 7.9 | subsection 7.9 |
| Subsection 7.6 | 7.9.3 | subsection 7.9.3 |
| Subsection 7.6 | ship | vessel |
| Subsection 7.9 | ship | vessel |
| Subsection 7.9.3 | 7.6 | subsection 7.6 |
| Subsection 7.9.3 | This is a penal provision | Penalty: 50 penalty units |
| Paragraph 8.1(b) | 8.2 | subsection 8.2 |
| Subsection 8.2 | 8.1 | subsection 8.1 |
| Section 8.3 | ship | vessel |
| Subsection 8.3.2 | survey authority | recognised organisation |
| Subsection 8.3.3 | an Australian ship | a non-foreign vessel |
| Subsection 8.3.4 | 8.3.1 | subsection 8.3.1 |
| Subsection 8.3.5 | 8.2 | subsection 8.2 |
| Subsection 8.4 | 7 | section 7 |
| Paragraph 8.4(b) | provision 8 | section 7 |
| Subsection 9.1 | Provisions | Subsections |
| Paragraph 9.1(b) | provision | subsection |
| Subsection 9.2.1 | This is a penal provision | Penalty: 50 penalty units |
| Subsection 9.2.1 | ship | vessel |
| Subsection 9.2.1, table | Ship | Vessel |
| Subsection 9.3, heading | ships | vessels |
| Subsection 9.3.1 | Provision | Subsection |
| Paragraph 9.3.1(c) | ship | vessel |
| Subsection 9.3.2 | This is a penal provision. | Penalty: 50 penalty units. |
| Subsection 9.3.3 | provision | subsection |
| Subsection 9.3.4 | Provision | Subsection |
| Subsection 9.3.4 | ship | vessel |
| Subsection 9.4, heading | ships | vessels |
| Subsection 9.4 | provision | subsection |
| Subsection 9.4 | an Australian ship | a non-foreign vessel |
| Subsection 9.5 | Provisions | Subsections |
| Subsection 9.5 | ship | vessel |
| Subsection 9.5 | provisions | subsections |
| Subsection 9.6 | ship | vessel |
| Subsection 9.6.1 | Provisions | Subsections |
| Section 10 | ship | vessel |
| Subsection 10.1 | 10.3 | subsections 10.3 |
| Subsection 10.1 | 10.2 | subsection 10.2 |
| Subsection 10.1 | This is a penal provision | Penalty: 50 penalty units |
| Paragraph 10.2(b) | survey authority | recognised organisation |
| Subsection 10.3 | 10.2 | subsection 10.2 |
| Subsection 10.3 | an Australian ship | a non-foreign vessel |
| Subsection 10.4 | This is a penal provision | Penalty: 50 penalty units |
| Subsections 10.6 to 10.9 | 10.2(a) | paragraph 10.2(a) |
| Subsections 10.6 to 10.10 | This is a penal provision | Penalty: 50 penalty units |
| Schedule 1, Form MO— 97/1 | AN AUSTRALIAN SHIP | A VESSEL |
| Schedule 1, Form MO— 97/1 | ship | vessel |
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See
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