Marine Order 28, issue 4

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2012L00790 Not in force Legislative Instrument

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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.

Overview

The Marine Order 28, issue 4 (Order 2012/3), enacted in 2012, was introduced to address the need for updated standards and procedures for maritime safety, specifically aligning with the revisions of the Seafarers’ Training, Certification and Watchkeeping Convention (STCW Convention) and the International Convention for the Safety of Life at Sea, 1974 (SOLAS). This Order was made under the authority of the Navigation Act 1912, enabling the Australian Maritime Safety Authority (AMSA) to establish regulations for safe navigation and ship operations. The policy objective was to ensure compliance with international maritime safety standards, thereby enhancing the safety and efficiency of maritime operations in Australian waters. The Order was developed through consultation with industry stakeholders and the Office of Best Practice Regulation, ensuring that the final draft effectively addressed the identified gaps in maritime safety standards.

Scope and Application

Marine Order 28, issue 4 applies to operators of ships and seafarers engaged in maritime activities within Australia's territorial waters and on Australian-registered ships worldwide. The Order is instrumental in ensuring compliance with international maritime safety standards, particularly the Seafarers' Training, Certification and Watchkeeping Convention (STCW Convention) and the International Convention for the Safety of Life at Sea (SOLAS). The legislation mandates specific responsibilities for ship operators, including ensuring seafarers' induction and compliance with watchkeeping duties, and sets standards for watchkeeping that encompass minimum hours of rest, the display of watch schedules, and record-keeping. The Order came into effect on 15 April 2012 and incorporates by reference various provisions of the STCW Code and SOLAS, which are available for purchase from the International Maritime Organization (IMO) or through AMSA. The Order's provisions are enforceable under the Navigation (Orders) Regulations 1980, with non-compliance being an offence subject to a penalty of up to 50 penalty units. The Order does not specify exclusions or exemptions but allows for exceptions to the minimum hours of rest in emergency situations, subject to approval by the Australian Maritime Safety Authority (AMSA). The instrument was made under the authority of the Australian Maritime Safety Authority Act 1990, with consultation from industry stakeholders and the Office of Best Practice Regulation, ensuring its alignment with international maritime safety standards.

Key Provisions

The Marine Order 28, issue 4 (Order 2012/3) primarily focuses on the responsibilities of ship operators and seafarers, and the standards for watchkeeping on ships. The Order, which commenced on 15 April 2012, was made to give effect to the Seafarers’ Training, Certification and Watchkeeping Convention (STCW Convention) and the International Convention for the Safety of Life at Sea, 1974 (SOLAS). Section 8 (subsections 9.1 and 9.2) of the Order outlines the general responsibilities of ship operators and seafarers, and compliance with these responsibilities is required under the Navigation (Orders) Regulations 1980. Failure to comply is an offence, with a maximum penalty of 50 penalty units. Section 10 mandates that the master of a ship must induct new seafarers in accordance with the STCW Code, while Section 11 requires new seafarers to adhere to the responsibilities outlined in the STCW Code. The Order also sets out standards for watchkeeping on ships. Section 12 specifies the types of seafarers to whom these standards apply, namely those engaged in watchkeeping duties and those on call for such duties. Section 13, which is a penal provision, requires ship operators to ensure compliance with the standards set out in sections 14 to 18. Section 14 stipulates the minimum hours of rest for seafarers, with Section 15 allowing for applications to the Australian Maritime Safety Authority (AMSA) for exceptions from these minimum hours of rest. Section 16 provides for exceptions in emergency situations, while Section 17 mandates the display of watch schedules and the maintenance of records of hours of work and rest. Finally, Section 18 requires adherence to the watchkeeping standards and arrangements set out in the STCW Code. Under the Order, there are specific penalties for non-compliance with the penal provisions. Section 9.1 and 9.2, which outline the general responsibilities of ship operators and seafarers, carry a maximum penalty of 50 penalty units for failure to comply. Section 13, which requires ship operators to ensure compliance with the watchkeeping standards, is also a penal provision with the same penalty. In the case of breaches, these offences would be prosecuted under the Navigation (Orders) Regulations 1980, with the maximum penalty for each offence being 50 penalty units.

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Area of Law
Maritime Law
Instrument
Order
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Compliance Obligations
Enforcement Powers
Offence Provisions

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.