Marine Orders - Part 28: Operations standards and procedures, Issue 3 - Amendment (Order No. 2 of 2010)

EXPLANATORY NOTES

Marine Orders Part 28

(Operations standards and procedures)

Issue 3 (Amendment)

Order No. 2 of 2010

Purpose

1. The International Convention on Standards of Training, Certification & Watchkeeping for Seafarers, 1978, was revised in 1995 and the revised convention (STCW 1995) and associated STCW Code came into force internationally on 1 February 1997.  The STCW Code contains standards and guidance for watchkeeping on ships and Marine Orders Part 28 gives effect to these aspects of the Code.

2.     The purpose of Marine Orders Part 28, Issue 3, Amendment is to clarify the record keeping requirements for records of hours and rest in relation to watchkeeping duties.

3.     The amendments in Schedule 1 come into force on 1 April 2010.

Power

3.     Subsection 15(1A) of the Navigation Act provides that regulations may give effect to the STCW Convention.

4.     Section 425(1) of the Navigation Act 1912 (the Act) empowers the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Act.

5.     Section 425(1AA) of the Act allows the Australian Maritime Safety Authority to make orders with respect to certain matters, in relation to which, provision may be made by regulations.

6.     The amendment of Marine Orders Part 28, Issue 3 is empowered by, and made pursuant to, subsection 425 (1AA) of the Act.

Overview

7.     Provision 6.2.7 is a new provision which requires a company to ensure that records of hours and rest in relation to watchkeeping duties are available for inspection for a period of no less than 12 months from the date the watchkeeping duties took place. Provision 6.2.7 clarifies the requirement set out in Provision 6.2.6 whereby companies must arrange for records to be maintained of hours of work and rest in relation to watchkeeping duties.

Amendments — Schedule 1: Amendments commencing on 1 April 2010

[1] Provision 6.2.6

omit

 This is a penal provision.

[2] After Provision 6.2.6

insert

 6.2.7 For the purposes of 6.2.6, records of hours and rest in relation to               watchkeeping duties must be available for inspection for a period of no               less than 12 months from the date the watchkeeping duties took place.

[3] Provision 7.1

omit

 This is a penal provision.

Australian Maritime Safety Authority

 March 2010