EXPLANATORY NOTES

Marine Orders Part 589

Health – Medical Fitness

Issue 5 – Amendment

Order No 12 of 2006

Purpose

1. Marine Orders Part 9, for the purposes of the Navigation Act 1912 (the Navigation Act):

• prescribes matters pertaining to medical fitness standards of seafarers and coastal pilots;

• gives effect to the International Labour Organization (ILO) Medical Examination (Seafarers) Convention, 1946.

• gives effect to certain provisions of the International Convention on the Standards of Training, Certification and Watchkeeping for Seafarers, 1978 as amended in 1995 and subsequently (STCW95).

2.     Marine Orders Part 9, Issue 5 – Amendment:

• amends Marine Orders Part 9, Issue 5 by extending the coverage of Part 9 to include persons performing the duties of a licensed pilot for the purposes of Part IIIA of the Navigation Act 1912.

Power

3.       Section 186C of the Navigation Act provides for regulations to specify conditions, including conditions as to health, to be satisfied by a person in order to be a licensed pilot under the Navigation Act.

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

5.       Subsection 425 (1AA) of the Navigation Act allows the Australian Maritime Safety Authority to make orders with respect to any matter in the Navigation Act for or in relation to which provision may be made by regulations.

6.       Marine Orders Part 9, Issue 5 – Amendment, Order No 12 of 2006, was made pursuant to subsection 425(1AA).

Consultation

7.     In view of the administrative and minor nature of the consequential amendment to Issue 5 of Part 9, it was considered unnecessary to conduct industry and public consultation.

Overview

8.     Marine Orders Part 9 makes provision for and in relation to the medical fitness standards for seafarers and licensed pilots.  Marine Orders Part 54, Coastal Pilotage, was recently amended to facilitate the introduction of a compulsory pilotage system in the Torres Strait under Part IIIA of the Navigation Act.  This Issue amends Issue 5 of Part 9 to make clear that requirements concerning medical fitness apply to those licensed pilots performing duties under Part IIIA of the Navigation Act, as well as licensed pilots performing duties under Part VIIA of the Great Barrier Reef Marine Park Act 1975.

9.     This amendment is required as it is consequential in nature, however, the Authority is currently undertaking a full review of Part 9 with further amendments anticipated to implement the outcome of this review.

Amendment of principal provisions

 10. Provision 2.1 of this Issue amends the principal Order by adding “or Part IIIA of the Navigation Act 1912” to the end of the definition of coastal pilot.

Australian Maritime Safety Authority

September 2006