EXPLANATORY NOTES
Marine Orders, Part 28
(Operations standards & procedures)
Issue 2
Order No 9 of 1997
Authority
1. 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.
2. 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.
3. Marine Orders, Part 28 Issue 2, was made under Section 425(1AA).
Purpose
4. 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.
Overview
5. The safe navigation and operation of ships relies heavily on the competence of watchkeeping crew and the procedures they implement. The STCW Code contains standards of good watchkeeping practice, supplemented by detailed guidance. Marine Orders Part 28 gives effect to these elements of the Code.
Contents of the Order
6. Provision 1 provides definitions and interpretations necessary for proper understanding of the Order.
7. Provision 2 indicates the purpose and application for which this Order has been made and its relationship to the requirements of the STCW Convention and the STCW Code.
8. Provision 3 specifies the responsibilities of companies, masters and crew members in relation to the obligations of the STCW Code for the safe operation of a ship.
9. Provision 4 specifies the mandatory hours of rest for persons undertaking watch keeping duties. It also provides for the keeping of watch schedules and record of work and rest periods.
10. Provision 5 provides for companies, masters, chief engineers and all persons engaged in watch keeping duties to observe the standards as prescribed in the STCW Code.
11. Appendix 1 gives effect to Section A-VIII/2 of the STCW Code and sets out the arrangements and principles to be observed by those keeping watch on board ship.
12. Appendix 2 gives effect to Section B-VIII/2 of the STCW Code which provides additional guidance on watchkeeping arrangements.
13. Appendixes 3 and 4 contain a rearrangement of Appendixes 1 and 2 separated into the responsibilities of officers undertaking navigational watchkeeping and those undertaking engineering watchkeeping. This rearrangement has been requested by industry representatives to make the information easier to read and implement.
The Australian Maritime Safety Authority
October 1997
Overview
The Marine Orders, Part 28, enacted in 1997 by the Australian Maritime Safety Authority, was established to address the need for implementing the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) 1995 and its associated Code. This was necessitated by the revision of the original STCW Convention in 1995, which introduced updated standards and guidance for watchkeeping on ships. The Marine Orders, Part 28, therefore, serves to incorporate these revised standards into Australian maritime regulation, ensuring that the safety and efficiency of ship operations align with international best practices. The overarching policy objective is to enhance maritime safety through the enforcement of stringent training, certification, and watchkeeping standards, thereby protecting both crew and vessel in compliance with global maritime safety norms.
Scope and Application
The Marine Orders, Part 28 Issue 2, made under Section 425(1AA) of the Navigation Act 1912, applies to all companies, masters, and crew members involved in the operation of ships in Australian waters, ensuring that these individuals and entities comply with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW 1995) and its associated Code. This legislation is designed to enhance the safety of navigation and ship operations by enforcing stringent standards for watchkeeping practices. It outlines the responsibilities of companies, masters, and crew in adhering to the STCW Code, including mandatory rest hours for watchkeeping personnel and the maintenance of watch schedules and records. The provisions and appendices within the Orders are structured to provide clear guidance on the implementation of these standards, specifically addressing the duties and responsibilities of navigational and engineering watchkeepers. These Orders extend to all maritime activities within Australia's jurisdiction, thereby ensuring a uniform approach to marine safety across the country.
Key Provisions
The Marine Orders, Part 28 (Operations standards & procedures) Issue 2, enacted under Section 425(1AA) of the Navigation Act 1912, sets out essential provisions for the safe navigation and operation of ships in Australia. The Order is designed to implement the standards and guidance contained in the International Convention on Standards of Training, Certification & Watchkeeping for Seafarers, 1978 (STCW 1995) and the associated STCW Code, which came into effect on 1 February 1997. Provision 1 of the Order provides the necessary definitions and interpretations, ensuring that all parties understand the terminology and requirements (Provision 1). Provision 2 outlines the purpose and application of the Order, its relationship to the STCW Convention and Code, and its role in maintaining safe operations at sea (Provision 2). Provision 3 specifies the responsibilities of shipping companies, masters, and crew members in complying with the STCW Code to ensure the safe operation of ships (Provision 3). Provision 4 mandates the hours of rest for personnel on watchkeeping duties and requires the maintenance of watch schedules and records of work and rest periods (Provision 4). Provision 5 requires companies, masters, chief engineers, and all individuals engaged in watchkeeping duties to adhere to the standards set out in the STCW Code (Provision 5).
Under Marine Orders, Part 28, shipping companies, masters, and crew members have specific obligations to ensure compliance with the STCW Code. Companies must establish and maintain procedures and practices that meet the standards set forth in the Order. Masters are responsible for ensuring that crew members are adequately trained and that the ship's watchkeeping arrangements comply with the Order. Crew members, particularly those assigned watchkeeping duties, must adhere to the specified rest hours and maintain accurate records of their work and rest periods. The Order also places responsibility on companies, masters, and chief engineers to observe the standards prescribed in the STCW Code, ensuring that all personnel are competent and that the ship is operated safely at all times.
Failure to comply with the requirements of Marine Orders, Part 28 may result in significant consequences. While the Order itself does not explicitly state offences or penalties, breaches of the Navigation Act 1912 or related regulations may attract penalties under Australian law. Offences related to the safety of ships and the protection of the marine environment can lead to substantial fines and imprisonment. Additionally, non-compliance with the STCW Code, which the Order implements, may result in the suspension or revocation of a seafarer's certificate of competency, further impacting the individual's ability to work at sea. The maximum penalties for offences under the Navigation Act 1912 can vary, but they can include fines of up to $22,200 for individuals and $111,000 for corporations, along with potential imprisonment terms. These penalties underscore the importance of adhering to the provisions of the Order and the STCW Code to ensure maritime safety and the well-being of those working at sea.