Marine Order 28, issue 4

Explanatory Statement

Marine Order 28, issue 4 (Order 2012/3)

Operations standards and procedures

Authority

1.    Subsection 15(1A) of the Navigation Act 1912 (Navigation Act) provides that the regulations may give effect to the Seafarers’ Training, Certification and Watchkeeping Convention (the STCW Convention).
2.    Subsection 191(1) of the Navigation Act provides that the regulations may give effect to the International Convention for the Safety of Life at Sea, 1974 (SOLAS).
3.    Paragraph 425(1)(db) of the Navigation Act provides that the regulations may make provision for the safe navigation and operation of ships.
4.    Subsection 425(1) of the Navigation Act authorises the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Navigation Act.
5.    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.
6.    This Order was made under subsection 425(1AA) and is a legislative instrument for the Legislative Instruments Act 2003.

Purpose

7.      The Order takes account of major revisions of the STCW Convention and the associated STCW Code that were adopted at a conference in Manila in June 2010.  The revisions came into force on 1 January 2012.

Overview

8.      The Order prescribes responsibilities of operators of ships and seafarers and standards for watchkeeping on ships.

Consultation

9.      The draft was circulated to industry stakeholders and their comments were taken into account in finalising the draft.  The Office of Best Practice Regulation (OBPR) was consulted.  The OBPR considered that, because the draft deals with matters of a minor or machinery nature, no further analysis (in the form of a Regulatory Impact Statement) was required.  The OBPR reference number is 2011/13342.

Documents incorporated by reference

10.  Various provisions of the STCW Code are incorporated by reference.

11.  Paragraph 9.2(b) of the Order incorporates by reference the safe manning document issued to the ship under Chapter V, regulation 14, paragraph 2 of SOLAS.

12.  The STCW Convention and Code and 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

13.  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: www.amsa.gov.au or can be accessed by email: international.relations@amsa.gov.au

Commencement

14.  The Order commences on 15 April 2012.

Contents of the Order

Division 1 General

15.  Section 1 states the name of the Order.

16.  Section 2 states that the Order commences on 15 April 2012.

17.  Section 3 repeals the previous issue of the Order.

18.  Section 4 states the purpose of the Order.

19.  Section 5 sets out the legislative basis for the Order.

20.  Section 6 sets out definitions of terms used in the Order.

21.  Section 7 sets out the ships to which the Order applies.

Division 2 Responsibilities of operators and seafarers

22.  Section 8 sets out the general responsibilities of operators of ships and seafarers.

23.  Section 9 sets out the specific responsibilities of operators of ships.  Subsections 9.1 and 9.2 are penal provisions.  Failure to comply with a penal provision is an offence under the Navigation (Orders) Regulations 1980 for which the penalty is up to 50 penalty units.

24.  Section 10 requires the master of a ship to comply with paragraph 3 of Section B-I/14 of the STCW Code (which deals with inducting seafarers new to a ship).  

25.  Section 11 requires seafarers newly assigned to a ship to comply with paragraphs 4 and 5 of Section B-I/14 of the STCW Code (which deals with responsibilities of seafarers new to a ship).

Division 3 Standards for watchkeeping

26.  Section 12 sets out the kinds of seafarer to whom Division 3 applies.  The Division applies to seafarers engaged on watchkeeping and certain other duties and seafarers on call for such duties.

27.  Section 13 requires the operator of a ship to ensure that the standards set out in sections 14 to 18 are complied with and is a penal provision.

28.  Section 14 sets out minimum hours of rest for seafarers.

29.  Section 15 provides that application may be made to AMSA for approval of exceptions from the minimum hours of rest set out in section 14.

30.  Section 16 effectively allows exceptions from normal arrangements in an emergency.

31.  Section 17 requires the display of watch schedules on a ship and keeping records of hours of work and rest.

32.  Section 18 requires observance of watchkeeping standards and arrangements set out in the STCW Code.

Compatibility with human rights

33.  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 

34.  This instrument has been made by the Chief Executive Officer of the Australian Maritime Safety Authority, in accordance with subsection 49(4) of the Australian Maritime Authority Act 1990.