EXPLANATORY NOTES
Marine Orders, Part 3
Seagoing qualifications
Issue 6
Order No 8 of 2007
Authority
- Subsection 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. Subsection 425 (1AA) of the Act allows the Australian Maritime Safety Authority (‘AMSA’) to make orders with respect to, amongst other issues, matters mentioned in Part II of the Act. Part II of the Act provides for masters and seamen. Division 3 of Part II of the Act provides for qualifications of masters, officers and seamen.
3. As the Act defines ‘regulations’ to include ‘orders made under the Act’, Marine Orders, Part 3, Issue 6 (‘MO Part 3’) is empowered by subsection 425 (1AA) of the Act.
Purpose
4. MO Part 3 specifies standards of competency for masters, officers and seamen for section 15 of the Act and consequently gives effect to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers 1978 (‘STCW Convention’).
5. MO Part 3 is amended to give effect to recent amendments of the STCW by International Maritime Organization (‘IMO’) Resolutions MSC.203 (81) and MSC.209 (81). These Resolutions introduce mandatory minimum requirements for the issuing of certificates of proficiency for Ship Security Officers. The Resolutions enter into force on 1 January 2008.
6. AMSA is responsible for issuing qualifications to seafarers on Australian ships operating under the Act. AMSA is also responsible for regulating the issue of such qualifications under the STCW Convention.
Consultation
7. In addition to posting a copy of the draft MO Part 3 Amendment on AMSA’s website, a copy of the draft Amendment was provided to the following organisations for comment:
- Department of Transport and Regional Services;
- Australian Maritime College;
- Maritime Union of Australia;
- Shipping Australia Limited;
- Australian Institute of Marine and Power Engineers;
- Australian Shipowners Association;
- NSW TAFE;
- Australian Maritime Officers Union;
- Challenger TAFE;
- Ferriby Marine.
Overview
8. MO Part 3 specifies standards for competency for masters, officers and seamen for section 15 of the Act. It also gives effect to the STCW Convention.
9. The amendment of MO Part 3 gives effect to the International Maritime Organization (‘IMO’) Resolutions MSC.203 (81) and MSC.209 (81) by enabling AMSA to issue certificates of proficiency for Ship Security Officers to eligible seafarers.
Amendment of Marine Orders Part 3
10. Provision 1 sets out the purpose of MO Part 3. Provision 1.2.4 of MO Part 3 provides that AMSA may make orders with respect to matters that may be made by regulation. Provision 1.2.4 is amended to reflect subsection 425 (1AA) of the Act in respect of the imposition of penalties.
11. Clause 3.1 amends provision 1.2.3 of MO Part 3 by expanding the provision to mention that section 15 of the Act empowers the regulations to give effect to the STCW Convention.
12. Clause 3.2 amends provision 2 of the MO Part 3 to insert a definition for the term ‘ship security officer’. This definition applies the definition of ‘ship security officer’ that is found in the International Ship and Port Facility Security Code.
13. Clause 3.3 amends the definition of ‘STCW Code’ in provision 2 of MO Part 3 to include a reference to proposed footnote 1a.
14. Clause 3.4 amends provision 5.1.1 of MO Part 3 to provide that a person, affected by a decision made by a Manager under MO Part 3, may apply to the General Manager for review of the Manager’s decision within 3 months or such longer period as determined by the General Manager.
15. Clause 3.5 amends provision 5.1.2 of MO Part 3 to reflect current drafting practice.
16. Clause 3.6 inserts proposed provision 5.1.4 in MO Part 3 to require the General Manager to make a decision regarding an internal review application within 28 days of receiving the application. This requirement was previously provided for by provision 5.2.2 of MO Part 3.
17. Clause 3.7 amends provision 5.2.2 of MO Part 3 by removing the reference to the period within which the General Manager must decide an internal review application. Provision 5.2.2 is also amended by referring to notification of the General Manager’s decision under provision 5.1.3 in the context of Administrative Appeals Tribunal review.
18. Clause 3.8 inserts proposed provision 6.1.3 in MO Part 3 to provide that a person may serve as a ship security officer if he or she holds a certificate of proficiency issued or recognised under MO Part 3 in respect of that position. Proposed provision 6.1.3 also gives effect to IMO Resolutions MSC.203 (81) and MSC.209 (81).
19. Clause 3.9 inserts proposed section H in MO Part 3. Section H, comprising proposed provisions 43 and 44, sets out the specific requirements for the issue of a certificate of proficiency as a ship security officer.
20. Proposed provision 43 sets out the requirements that a person must satisfy to be eligible for the certificate of proficiency. Proposed provision 44 provides for a transitional period. Until 1 July 2009, the Manager may issue to a certificate of proficiency if the person has satisfied any of the 3 requirements mentioned in paragraphs (a), (b) and (c).
21. Proposed provisions 43 and 44 give effect to the amendment of the STCW Convention by IMO Resolution MSC.203 (81) in respect of the certificate of proficiency as a ship security officer.
22. Clause 4.1 amends footnote 1 at the end of provision 2 of MO Part 3 to reflect the amendment of paragraph 425 (1) (h) of the Act by the Maritime Legislation Amendment Act 2006 (Act No. 24 of 2006) to increase the penalty units that may be imposed by regulation.
23. Clause 4.2 inserts footnote 1a at the end of provision 2 of MO Part 3 to insert a reference to the STCW Code.
24. Clause 4.3 amends footnote 2 at the end of provision 2 of MO Part 3 to insert a reference to the current version of the STCW Convention.
Australian Maritime Safety Authority
28 November 2007