W.A. Marine (Certificates of Competency and Safety Manning) Amendment Regulations (No. 3) 2006 (WA)

8 December 2006 GOVERNMENT GAZETTE, WA 5387

MARINE/MARITIME

MX301*

Western Australian Marine Act 1982

W.A. Marine (Certificates of Competency and

Safety Manning) Amendment Regulations

(No. 3) 2006

Made by the Governor in Executive Council.

1.             Citation

These regulations are the W.A. Marine (Certificates of
Competency and Safety Manning) Amendment Regulations
(No. 3) 2006.

2.             The regulations amended

The amendments in these regulations are to the W.A. Marine
(Certificates of Competency and Safety Manning)
Regulations 1983*.

[* Reprint 2 as at 17 September 2004.

For amendments to 28 September 2006 see Western
Australian Legislation Information Tables for 2005, Table 4,
p. 462, and Gazette 16 and 23 June 2006.]

3.             Regulation 3 amended

Regulation 3 is amended by deleting the definition of
“revalidation” and inserting instead —
“

“revalidate”, in relation to a certificate of competency,

means to record on the certificate that the holder
continues to meet the standard of competency
required for the functions to which the certificate

relates;

”.

4.             Regulation 10 amended

(1) Regulation 10(1) is repealed and the following subregulations
are inserted instead —

“

(1)	In this regulation —
“NSCV Part D” means Part D of the National

Standard for Commercial Vessels published by the National Marine Safety Committee in April 2005.

5388 GOVERNMENT GAZETTE, WA 8 December 2006

(1a)	A certificate of competency that has been held for more than 5 years is not a valid certificate of competency for sea service on a trading ship at a particular time unless the chief executive officer has revalidated the
certificate within the period of 5 years immediately preceding that time.
(1b)	The holder of a certificate of competency may apply to the chief executive officer at any time for revalidation of the certificate for the purposes of subregulation (1a).

”.

(2) Regulation 10(2) is amended as follows:

(a) by inserting after “revalidation” —

“

of a certificate of competency to which this

subregulation applies

”;

(b) in paragraph (a) by deleting “a certificate of competency to satisfy him as to” and inserting instead —

“ the certificate ”;

(c) by deleting paragraph (a)(i) and “and” after it and inserting instead —

“

(i)      to provide a current certificate of medical fitness in accordance with the requirements set out in Annex C to NSCV Part D; and

(ia) to provide a current first aid certificate
in accordance with the requirements set
out in Annex D to NSCV Part D; and

”;

(d) in paragraph (a)(ii) by inserting before “professional competency” —

“ to satisfy the chief executive officer as to ”;

(e) in paragraph (a)(ii)(A), (B) and (C) by deleting “seagoing” and inserting instead —

“ sea ”;

(f) in paragraph (a)(ii)(C) by deleting “an engineer officer” and inserting instead —

“ a marine engineer or marine engine driver ”;

(g) after paragraph (a) by inserting — “

and

(aa) may require the holder of the certificate to provide further evidence as to the holder’s medical fitness; and

”;

8 December 2006 GOVERNMENT GAZETTE, WA 5389

(h) in paragraph (b) —

(i)      by deleting “a certificate of competency” and inserting instead —

“ the certificate ”;

(ii)      by deleting “of this regulation”;

(i)      in paragraph (c) —

(i)      by deleting “seagoing” and inserting instead —

“ sea ”;

(ii)      by deleting “a certificate of competency” and inserting instead —

“ the certificate ”.

(3) After regulation 10(2) the following subregulations are
inserted —

“

(3) Subregulation (2) applies to the following certificates
of competency —

(a) Master Class III;
(b) Master Class IV;
(c) Mate Class IV;

(d) Marine Engineer Class III;

(e) Marine Engine Driver Grade I.

(4) Before revalidation of a certificate of competency to which this subregulation applies, the chief executive officer —

(a) shall require the holder of the certificate —

(i)      to provide a declaration of medical fitness in accordance with the requirements set out in Annex C to NSCV Part D; and

(ii)      to pass an eyesight test in accordance with the requirements set out in Annex C clause C4 to NSCV Part D; and

(iii)      in the case of sea service described in subregulation (2)(c), to complete relevant training to the satisfaction of the chief executive officer;

and

(b)	may require the holder of the certificate to provide further evidence as to the holder’s medical fitness; and
(c)	may require the holder of the certificate to satisfactorily complete a short course of the type referred to in subregulation (2)(a)(ii)(E).

5390 GOVERNMENT GAZETTE, WA 8 December 2006

(5) Subregulation (4) applies to the following certificates
of competency —

(a) Master Class V;

(b) Coxswain;

(c) Marine Engine Driver Grade II.

(6) For the purposes of subregulation (2)(aa) or (4)(b) the
chief executive officer may require the holder of the
certificate to be examined by a medical practitioner
specified by the chief executive officer.

”.

5.             Regulation 17 amended

Regulation 17(4) is amended by deleting “revalidation and”.

6.             Schedule 3 amended

Schedule 3 is amended by deleting “10(1)” and inserting
instead —

“ 10 ”.

7.             Schedule 4 amended

Schedule 4 is amended in paragraph (a) of the item headed
“MATE CLASS IV — Prerequisites — ” by deleting
“seagoing” and inserting instead —

“ sea ”.

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.