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

Overview

The Marine Orders Part 28 (Operations standards and procedures) Issue 3 (Amendment) Order No. 2 of 2010 was enacted to address the need for clearer record-keeping requirements in relation to hours and rest for watchkeeping duties on ships, in line with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1995 (STCW 1995) and its associated STCW Code. The Australian Maritime Safety Authority (AMSA), empowered by section 425(1AA) of the Navigation Act 1912, introduced these amendments to ensure that companies maintain and make available for inspection records of hours and rest related to watchkeeping duties for a period of at least 12 months from when the duties were performed. This amendment aims to improve compliance with international standards and enhance maritime safety by ensuring that watchkeeping records are accurately maintained and easily accessible.

Scope and Application

The Marine Orders Part 28, Issue 3, Amendment Order No. 2 of 2010 applies to entities and companies involved in maritime operations, specifically focusing on the maintenance and inspection of records concerning hours and rest in relation to watchkeeping duties. This regulation is enacted under the authority of the Navigation Act 1912 and aims to align Australian maritime practices with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as revised in 1995. The amendment seeks to clarify the requirements for record-keeping, ensuring that such records are kept and made available for inspection for a period of no less than 12 months from the date the watchkeeping duties took place. This order applies nationally and is intended to ensure compliance with international standards, thereby enhancing maritime safety and operational efficiency. The amendment does not specify any exclusions or exemptions, meaning it applies broadly to all relevant entities unless otherwise provided by subordinate instruments.

Key Provisions

The key operative sections of Marine Orders Part 28, Issue 3, Amendment are focused on record-keeping requirements for hours and rest related to watchkeeping duties on ships. Specifically, Provision 6.2.7 requires companies 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 duties were performed (section 2). This new provision clarifies and reinforces the existing requirement under Provision 6.2.6 that companies must arrange for records to be maintained. The purpose of these provisions is to ensure that seafarers' working hours and rest periods are properly documented and can be inspected by relevant authorities to verify compliance with the standards set out in the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW 1995). The Act imposes several obligations and requirements on the parties it governs. Primarily, companies operating ships must ensure that records of hours and rest in relation to watchkeeping duties are meticulously maintained and made available for inspection for at least 12 months. This requirement is intended to facilitate oversight and ensure that seafarers are not overworked and are given adequate rest periods, thereby promoting safety at sea. The Act also mandates that any previous records of hours and rest, which are no longer needed for inspection, should be kept in accordance with the new provisions, ensuring a seamless transition and compliance with the updated standards. Failure to comply with the record-keeping requirements under Marine Orders Part 28 can result in various civil and criminal consequences. The specific provisions that are identified as penal provisions indicate that non-compliance may lead to legal action. Although the exact penalties are not detailed in the provided text, it is implied that significant consequences could follow for breaches of these requirements. Typically, such breaches could result in fines, legal penalties, or even more severe consequences depending on the severity and frequency of the non-compliance, reflecting the importance of adherence to safety standards in maritime operations.