EXPLANATORY NOTES
Marine Orders, Part 6
Marine Radio Qualifications
Issue 5
Order No 5 of 2000
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 (AMSA) to make orders with respect to matters in Part II of the Act in relation to which provision may be made by regulations.
3. Marine Orders, Part 6, Issue 5 was made pursuant to section 425(1AA).
Gazette
4. Arrangements have been made for this Issue to be gazetted in the Commonwealth of Australia Gazette, Government Notices, Wednesday 20 September 2000.
Purpose
5. Marine Orders Part 6, for the purposes of the Act, prescribes matters pertaining both to a person operating or intending to operate the radio installations of a ship, and to a person holding a Global Maritime Distress and Safety System (GMDSS) Certificate.
6. Marine Orders Part 6, Issue 5:
repeals Marine Orders Part 6, Issue 4;
removes requirements relating to radiotelegraph and radiotelephone ships;
amends the provisions relating to the revalidation of certificates;
distinguishes and allows for transition between GMDSS issued by the Australian Maritime Safety Authority and equivalent certificates issued by the Australian Communications Authority (ACA) and its predecessors;
reflects changes to AMSA’s organisational structure.
Consultation
7. In accordance with AMSA’s statutory obligations, the draft text of the new issue has been circulated for comment to industry associations, educational institutions, industry unions and other involved regulatory authorities with no adverse responses. All relevant comments have been included in the text.
Overview
8. Marine Orders Part 6:
prescribes qualifications for a radio operator on a ship as well as matters relating to the issue and renewal of certificates;
gives effect to the relevant provisions of the International Convention for the Safety of Life at Sea (SOLAS) and the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978. (STCW).
9. Marine Orders Part 6, Issue 5:
removes obsolete text.
gives effect to amendments to SOLAS and the STCW Convention.
gives effect to the Radio Regulations as revised by the World Radiocommunication Conference, 1997.
Contents of the Order
10. Provision 1 indicates the purpose for which this Order has been made.
11. Provision 2 provides definitions necessary for proper understanding of the Order.
12. Provision 3 specifies the persons to which this Part applies.
13. Provision 4 provides for the review by the Administrative Appeals Tribunal of specified decisions made under this Part and for the provision of a statement of reasons.
14. Provision 5 specifies, for the purpose of the Navigation (Orders) Regulations, the provisions that are penal provisions.
15. Provision 6 provides for the exemption of a person from compliance with a provision of this Part.
16. Provision 7 specifies the qualifications and requirements for a person who operates, or proposes to operate, a radio installation on a ship.
17. Provision 8 provides for the issuing, revalidating and management of a GMDSS Certificate and the issuing of a Certificate of Recognition.
18. Provision 9 is a transitional provision that provides for a GMDSS Certificate that was issued, revalidated or recognised under Issue 4 of this Part to remain in force as if granted under this Issue of this Part.
Australian Maritime Safety Authority
September 2000