Explanatory Statement
Marine Order 2 (Australian International Shipping Register) 2012
(Order 2012/10)
Authority
- Subsection 425(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 for carrying out or giving effect to the Navigation Act.
- Subsection 425(1AA) of the Navigation Act allows the Australian Maritime Safety Authority (AMSA) to make orders for any matter in the Act for or in relation to which provision may be made by regulations.
- The Marine Orders that are modified by this Order set out the powers under the Navigation Act under which they are made.
- This Order was made under subsection 425(1AA) and is a legislative instrument for the Legislative Instruments Act 2003.
Purpose
5. This Order modifies some Marine Orders as they apply to ships registered on the Australian International Shipping Register (AISR), the seafarers working or proposing to work on ships registered on the AISR (International Register ships) and the owners of those ships. The modifications are needed for the implementation of the crewing and employment arrangements provided for in the Shipping Registration Act 1981 (SRA) for seafarers on International Register ships and to apply international standards in place of localised Australian standards.
6. The modifications ensure seafarers working on International Register ships undertaking international voyages have employment conditions consistent with the standards established in the International Labour Organization’s Maritime Labour Convention (MLC). The MLC sets minimum requirements for working and living conditions for seafarers working on ships engaged in commercial activities and will enter into force for Australia on 20 August 2013.
The modifications provide for the streamlined recognition by AMSA of foreign qualifications of seafarers working on International Register ships. They also provide for changes to a small number of construction, equipment and operation requirements of Marine Orders as they apply to International Register ships. These changes are consistent with international conditions normally imposed upon vessels registered on other international registers and do not reduce Australia’s safety standards.
Overview
7. The AISR was established under the SRA on 1 July 2012. AMSA will maintain the AISR and regulate ships on the AISR. Ship owners who decide to register their ships on the AISR will have access to crewing and taxation incentives. The AISR is available to Australian owned/operated ships that are predominantly engaged in international trading. Further information about the AISR can be found on AMSA’s website at http://www.amsa.gov.au.
8. International Register ships can operate with crews of different nationalities (mixed crews), provided they employ at least one Australian national or Australian resident as the master or chief mate, and at least one Australian national or Australian resident as the chief engineer or first engineer (see section 33A of the SRA). A collective agreement must be made with the seafarer’s bargaining unit or a ship will not be registered on the AISR (see subsection 15F(3) of the SRA). It is an offence under section 45A of the Navigation Act for a work agreement not to be in place for each seafarer working on a ship.
9. The employment conditions of seafarers working on International Register ships undertaking international voyages are governed by Part II of the Navigation Act. The Navigation Amendment Act 2011 amended the Navigation Act to implement MLC standards in Australia and these provisions were further amended by the Shipping Registration Amendment (Australian International Shipping Register) Act 2012.
10. It is anticipated that this Marine Order will be replaced on commencement of the Navigation Act 2012 with a Marine Order for the Australian International Shipping Register made under that Act to ensure that new terminology and relevant section references of that Act are reflected. It will be reviewed again (if required) when the MLC enters into force to give effect to specific MLC requirements.
Consultation
11. A copy of the draft Order was placed on AMSA’s website for a month for stakeholders to consider and provide feedback. In addition, a copy of the draft Order together with an explanatory email was emailed to over 30 maritime industry and other stakeholders for comment. Comments were received from the Australian Shipowners Association, the Maritime Union of Australia, the Company of Master Mariners of Australia and Shipping Australia Limited, and their comments taken into account in preparation of the final Marine Order.
12. The Office of Best Practice Legislation (OBPR) was consulted on the proposed Order. OBPR considered that this Order will have machinery impacts and no further analysis (in the form of a Regulatory Impact Statement) is required (OBPR reference number 2012/13948).
Documents incorporated by reference
13. This Order incorporates by reference the following IMO documents:
- parts of the International Convention for the Safety of Life at Sea (SOLAS) — see items 16, 17 and 69 of Schedule 1;
- IMO Resolution A.951(23) — see item 66 of Schedule 1.
14. Copies of SOLAS may be purchased from:
International Maritime Organization (IMO)
4 Albert Embankment, London SE1 7SR
Telephone +44(0)20 7735 7611
Facsimile +44(0)20 7587 3210
IMO website: http://www.imo.org
15. A list of distributors who maintain permanent stock of all IMO publications is on the IMO website. Information on obtaining copies of IMO documents referred to in this Order is on AMSA’s website: http://www.amsa.gov.au or can be accessed by email: international.relations@amsa.gov.au.
16. This Order also incorporates by reference the following Australian Standard and ISO standards (see Schedule 1, Division 2 that modifies Marine Orders Part 12, Issue 3):
- ISO 8383:1985 (Lifts on ships — Specific requirements);
- ISO 14113:2007 (Gas welding equipment. Rubber and plastics hose and hose assemblies for use with industrial gases up to 450 bar (45 MPa);
- ISO 2503:1998 (Gas welding equipment. Pressure regulators for gas cylinders used in welding, cutting and allied processes up to 300 bar);
- ISO 9090: 1989 (Gas tightness of equipment for gas welding and allied processes);
- ISO 9539:2010 (Gas welding equipment — Materials for equipment used in gas welding, cutting and allied processes);
- ISO 14114:2009 (Gas welding equipment — Acetylene manifold systems for welding, cutting and allied processes — general requirements);
- ISO 7165:2009 (Fire fighting – Portable fire extinguishers – Performance and construction)
- AS2030 (Gas cylinders).
These standards are available for purchase from SAI Global at the website http://infostore.saiglobal.com.
Commencement
17. This Order commences on 1 January 2013.
Contents of this instrument
Division 1 Preliminary
18. Section 1 states the name of the Order.
19. Section 2 states that the Order commences on 1 January 2013.
20. Section 3 states the purpose of the Order.
21. Section 4 sets out the legislative basis for the Order.
22. Section 5 sets out definitions of terms used in the Order.
23. Section 6 provides that the Order applies to seafarers who work or propose to work on International Register ships, International Register ships and the owners of International Register ships.
24. Section 7 provides that each Marine Order mentioned in Schedule 1 is modified in accordance with the Division of that Schedule that applies to the Order. The note points out that other Marine Orders that are not modified by this Marine Order also apply to the ships and persons to which this Marine Order applies (see the application provision of each Order). This is because Part II of the Navigation Act applies to International Register ships.
Schedule 1 Modifications
25. All references below to items are references to items in Schedule 1 of the Order.
Division 1 Marine Order 3, Issue 6 (Seagoing qualifications)
26. Items 1 to 3 of Schedule 1 insert definitions of terms used in the modifications of Marine Order 3 (MO3).
27. Item 4 inserts a new application provision. It ensures that persons working as masters, deck, engineer officers or seafarers on International Register ships, and those who hold an interim certificate of equivalence or a certificate of equivalence issued under this Order, are subject to MO3 as it is modified by this Order.
28. Item 5 inserts references to an interim certificate of equivalence and a certificate of equivalence into provision 6.1.1 of MO3. This ensures holders of these certificates are qualified to serve on International Register ships.
29. Item 6 inserts new provision 6.1A providing that holders of those certificates are only qualified to serve or be employed on International Register ships and foreign seafarers can only serve on those ships as a Master, Chief Mate, Chief Engineer or First Engineer if they have an AMSA issued certificate of equivalence, certificate of recognition or certificate of competency.
30. Item 7 amends provision 7.4 to refer to assessments mentioned in Section I.
31. Item 8 inserts a new provision 7.6 after provision 7.5. Its effect is that the Manager can specify the time that must take place before a person can be subject to a new assessment.
32. Item 9 inserts a note after provision 8.1 to assist the reader.
33. Item 10 inserts new provisions 9.5 and 9.6 after provision 9.4. These new provisions set out the arrangements for the duration of interim certificates of equivalence and certificates of equivalence.
34. Item 11 inserts a new provision after provision 10.1 providing that a certificate of equivalence cannot be revalidated.
35. Item 12 inserts a new provision 12A into Section C of MO3 that makes clear that Section C does not apply in certain circumstances. For example, the qualifying service requirements of Section C would not apply to persons applying for a certificate of equivalence. However, the requirement that a person can only provide medical first aid on board a ship if they have certain certificates (provision 14) would still apply to International Register ships.
36. Item 13 inserts a new Section H into MO3. Section H sets out specific requirements for duties on International Register ships. Particular attention is drawn to new section 45 of Section H that makes clear that Australian nationals or residents cannot apply for certificate of equivalence. Section H also sets out criteria for the issue of interim certificates of equivalence and certificates of equivalence, including the need for a foreign certificate for the duties the person will perform.
37. A person must pass an English language assessment approved by AMSA to obtain a certificate of equivalence to work as a rating on an International Register ship. To work as an officer on an International Register ship a person must pass, to the satisfaction of AMSA’s Manager, Ship Operations and Qualifications, both an English language assessment and an assessment in knowledge of the Australian maritime regulatory framework.
Division 2 Marine Orders Part 12, issue 3 (Construction — Subdivision and stability, machinery and electrical installations)
38. Items 14 and 15 of Schedule 1 insert definitions of terms used in the modifications of Marine Orders Part 12, issue 3 (MO12).
39. Item 16 inserts a new application provision into Schedule 1 to MO12 to explain which bilge pumping arrangements apply to which International Register ships. The requirements of the International Convention for the Safety of Life at Sea (SOLAS) requirements will apply to some International Register ships.
40. Item 17 substitutes a new clause 6 in Schedule 1 to set out the capabilities required of emergency power sources of International Register ships. The requirements of SOLAS will apply to some International Register ships.
41. Items 18, 19 and 20 provide for a different standard for lifts and their testing to apply for International Register ships. An ISO standard instead of an Australian Standard is to apply.
42. Item 21 provides for the Australian and international standards to be complied with by fuel gas cylinders and oxygen cylinders on International Register ships.
Division 3 Marine Orders Part 14, issue 1 (Accommodation)
43. The changes made to Marine Orders Part 14, issue 1 (MO14) in this Division are consistent with the accommodation arrangements for seafarers set out in the MLC.
44. Items 22 to 25 insert definitions of terms used in the modifications of MO14.
45. Item 26 inserts a new interpretation provision into MO14 explaining what is meant by the date a ship was constructed.
46. Item 27 inserts a new application provision into MO14 for International Register ships. Ships constructed before the Navigation Act 2012 commences need not comply with MO14 as modified by this Order, but they must apply to AMSA for approval of certain kinds of accommodation on board ship. Ships constructed on or after commencement of that Act must comply with MO14 as modified by this Order. This will ensure all newly constructed ships comply with MLC arrangements.
47. Item 28 provides for inspection of crew accommodation of an International Register ship by a surveyor.
48. Item 29 provides for the height of crew accommodation on an International Register ship.
49. Item 30 provides for the protection of hot water pipes on an International Register ship, but not steam pipes.
50. Item 31 substitutes a new provision that sets out requirements for decks that are floors in crew accommodation.
51. Item 32 omits some provisions in Appendix 1 that include particular requirements for certain kinds of floors.
52. Item 33 is of a technical drafting nature.
53. Item 34 inserts a new provision to provide that within the accommodation area steam cannot be used for heating.
54. Item 35 substitutes a provision for current subclause 2.2.2 that provides for the installation of an electric reading light in each berth.
55. Item 36 omits some requirements relating to the fitting of electric lights on desks in crew accommodation.
56. Item 37 substitutes some subclauses in Appendix 1 with new subclauses setting out the requirements for mechanical ventilation on International Register ships eg air conditioning systems.
57. Item 38 substitutes a provision in Appendix 1 that provides that not more than 4 persons can be accommodated in the same room on a passenger ship. Other ships may have more than 4 persons in a room if an exemption is granted under 3.1.4.
58. Item 39 substitutes some subclauses in Appendix 1 that relate to sleeping accommodation on ships with new requirements for sleeping accommodation on different kinds of International Register ships. Under new 3.1C, AMSA may grant an exemption to some kinds of ships from the requirement in 3.1.4(a) that ships other than passenger ships must provide an individual sleeping room for each seafarer or from the requirement in sub clause 3.1B that the master and some crew members must be provided with space additional to their sleeping room. An exemption may only be given if AMSA first consults with relevant ship owners and seafarers’ organisations.
59. Item 39 also provides in new 3.1A for the amount of floor area of different kinds of sleeping rooms, and allows a person to apply to AMSA for approval of a reduced floor area for single berth rooms on certain ships.
60. Item 40 omits some subclauses that have been moved to a more appropriate location following subclause 3.1.4 in Appendix 1.
61. Item 41 inserts a new height of a berth from the floor.
62. Item 42 omits the requirement for curtains in rooms with more than 1 berth.
63. Item 43 substitutes a provision providing other requirements for sleeping rooms including requirements for clothes lockers.
64. Items 44 to 46 modify the requirements for mess rooms and recreation rooms on International Register ships.
65. Item 47 is an amendment of a technical drafting nature.
66. Item 48 omits a requirement for drinking water cooling facilities while item 49 omits a requirement for separate recreation rooms.
67. Item 50 omits the requirement for a swimming pool in International Register ships of ≥ 800 GT.
68. Items 51 to 53 together omit the requirement for office accommodation on International Register ships of ≥2500 gross tonnage.
69. Items 54 and 55 modify the requirements for sanitary accommodation on International Register ships, including about separate sanitary accommodation for the master, chief engineer, other officers and ratings, while item 56 omits the requirement for separate washing accommodation.
70. Item 57 modifies the requirement for change rooms for certain International Register ships.
71. Item 58 omits certain requirements in Appendix 1 relating to laundry facilities and lockers for oilskins and working clothes, including the requirement for separate laundry facilities and lockers for officers and ratings.
72. Item 59 omits Appendix 2 that sets out additional requirements re matters such as clear headroom in crew accommodation, mechanical ventilation, and sanitary and washing accommodation.
Division 4 Marine Orders Part 15, issue 5 (Construction — Fire protection, fire detection and fire extinction)
73. Items 60 and 61 insert definitions of terms used in the modifications of Marine Orders Part 15, issue 5 (MO15).
74. Items 62, 63 and 64 replace a reference to an Australian Standard for portable fire extinguishers with a reference to an ISO standard for portable fire extinguishers.
75. Item 65 omits a requirement for portable fire extinguishers to provide a spare charge or an additional fire extinguisher.
76. Item 66 substitutes a reference to an Australian Standard for portable fire extinguishers with a reference to an IMO resolution that sets out guidelines for marine portable fire extinguishers.
77. Item 67 omits a clause that refers to the Australian Standard for portable fire extinguishers that no longer applies.
78. Items 68 and 69 work together to substitute new requirements for electrical cables so that most International Register ships must comply with SOLAS requirements.
Division 5 Marine Orders Part 21, issue 8 (Safety of navigation and emergency procedures)
79. Item 70 omits a provision of Marine Orders Part 21, issue 8 that requires the master of a passenger ship to ensure the crew practises closing internal watertight doors at least one a week.
Division 6 Marine Order 25, issue 7 (Equipment — life-saving)
80. Items 71 and 72 omit the additional requirement for Australian registered ships to carry narcotic drugs and goods for therapeutic goods for use in survival craft, and additional lifejackets. These are not SOLAS requirements.
81. Item 73 provides for the equipment to be carried in a liferaft by International Register ships.
Division 7 Marine Orders Part 27, issue 4 (Radio Equipment)
82. Item 74 omits the requirement for International Register ships to carry the Australian Maritime College’s Marine Radio Operators Handbook.
Division 8 Marine Order 28, issue 4 (Operations standards and procedures)
83. Item 75 omits the requirement for International Register ships of ≥750 kW to have an officer in charge of the engineering watch at all times.
Division 9 Marine Orders Part 53, Issue 1 (Employment of crews)
84. The modifications to Marine Orders Part 53, Issue 1 (MO53) provide the detail needed in subordinate legislation for International Register ships to support the new arrangements in the Navigation Act that provide for seamen working on ships to have individual work agreements.
85. New subsection 45A(3) of the Navigation Act provides for regulations to be made about matters relating to work agreements, while subsection 46(3) of the Navigation Act provides for regulations about matters relating to the content or form of articles of agreement. Subsection 70(1) provides for regulations about the payment of wages to masters and seamen. These provisions were inserted into Part II of the Navigation Act by the Navigation Amendment Act 2011. Subsection 425(1AA) of the Navigation Act provides for the making of Orders about matters that can be made by the regulations.
86. The requirement for a work agreement for each seafarer is intended to replace the requirement for articles of agreement (there is no equivalent to section 46 of the Navigation Act in the Navigation Act 2012). Until then, a work agreement that complies with section 3A complies with section 46 of the Navigation Act — see subsection 3A.6 of MO53 inserted by item 78.
87. Item 76 includes definitions of terms used in the modifications of MO53.
88. Item 77 substitutes a new application provision specific to International Register ships and seafarers working on and owners of International Register ships.
89. Item 78 inserts a new provision providing for employment arrangements for seafarers on International Register ships. It provides for the content of work agreements, how they may be terminated, the right of seafarers to seek advice on work agreements, records of documents to be kept on board ship (to include relevant collective agreements, and determinations made under the SRA about seafarer wages and compensation made under the SRA) and how wages for seafarers are to be paid. It also provides rules for the length of work agreements, to be 9 months (plus or minus one month if necessary for operational reasons) or the length of a voyage.
90. Item 79 provides that a work agreement must be in the approved form.
91. Items 80 and 81 are modifications consequential to the recent renumbering or removal of provisions of the Navigation Act.
92. Item 82 makes a minor modification to ensure foreign seafarers who are in distress for certain reasons can also be repatriated.
93. Item 83 omits the prescribed forms for articles of agreement and seafarers’ allotment notes as they are no longer required under the new arrangements.
Compatibility with human rights
94. AMSA considers that this instrument is compatible with human rights. It does not affect any rights or freedoms to which the Human Rights (Parliamentary Scrutiny) Act 2011 applies.
Making the instrument
95. This instrument has been made by the Acting Chief Executive Officer of the Australian Maritime Safety Authority, in accordance with subsection 49(4) of the Australian Maritime Authority Act 1990.