Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act relating to maritime safety to ensure the maintenance of standards of training and certification of marine engineers
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Registered 22 Mar 2013
Introduced HR 18 Mar 2013

2010‑2011‑2012‑2013

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

 

Marine Engineers Qualifications Bill 2013

 

No.      , 2013

 

(Mr Wilkie)

 

 

 

A Bill for an Act relating to maritime safety to ensure the maintenance of standards of training and certification of marine engineers

  

  

  


Contents

Part 1—Preliminary                                                                                                             1

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 2

3............ Act binds the Crown........................................................................... 2

4............ Object of Act....................................................................................... 2

5............ Constitutional reach of Act.................................................................. 3

6............ Definitions.......................................................................................... 3

Part 2—Standards                                                                                                                 6

7............ Standard: arrangement of legislative instruments dealing with marine engineering certification matters   6

8............ Standards for Marine Regulations....................................................... 6

9............ Standard: approvals............................................................................. 6

10.......... Standard: oral examinations................................................................ 7

11.......... Standard: Engineer Class 1, 2 and 3.................................................... 7

12.......... Standard: Engineer Watchkeeper......................................................... 8

13.......... Standard: Marine Engineer Class 3 without a trade............................. 9

14.......... Standard: alternative trades and post‑trade acquisition of maintenance experience   10

15.......... Standard: recognition of foreign certificate........................................ 10

16.......... Standard: colleges and registered training authorities........................ 10

17.......... Standard: duties permitted for grades of certificates.......................... 11

18.......... Standard: revalidation of certificates.................................................. 14

19.......... Standard: Principal Examiner and Examiners.................................... 14

20.......... Standard: meaning of propulsion power........................................... 15

21.......... Standard: meaning of qualifying sea service..................................... 15

 


A Bill for an Act relating to maritime safety to ensure the maintenance of standards of training and certification of marine engineers

The Parliament of Australia enacts:

Part 1Preliminary

  

1  Short title

                   This Act may be cited as the Marine Engineers Qualifications Act 2013.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day after this Act receives the Royal Assent.

 

2.  Sections 3 to 21

A single day to be fixed by Proclamation.

However, if the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

 

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Act binds the Crown

                   This Act binds the Crown in each of its capacities.

4  Object of Act

                   The object of this Act is to set minimum standards in relation to the certification of marine engineering and electro‑technical competency in order to prevent any reduction in those standards.

5  Constitutional reach of Act

                   This Act applies in relation to a Marine Regulation to the extent that the Marine Regulation affects persons performing duties on:

                     (a)  a vessel regulated by the Navigation Act 2012;

                     (b)  a vessel engaged in trade and commerce:

                              (i)  among the States; or

                             (ii)  between a State and a Territory; or

                            (iii)  between 2 Territories;

                     (c)  a vessel that is external to Australia;

                     (d)  a vessel of which the owner, or any of the owners, is a constitutional corporation;

                     (e)  a vessel, so far as the application of this Act to activities of, or in relation to, the vessel is reasonably appropriate and adapted to giving effect to Australia’s obligations under an international agreement;

                      (f)  a vessel of which the owner, or any of the owners, is the Commonwealth or a Commonwealth authority;

                     (g)  a vessel that is within a participating Territory (within the meaning of the Marine Safety (Domestic Commercial Vessel) National Law Act 2012.

6  Definitions

                   In this Act:

AMSA means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990.

approved means approved in accordance with a Marine Regulation and, if the standard in section 9 applies to the decision to approve, in a manner consistent with that standard.

Examiner means a suitably qualified marine engineer employed by AMSA and appointed by the Principal Examiner to conduct examinations.

First Engineer means the engineer officer next in rank to the Chief Engineer and is the same position as that referred to in the STCW Convention as Second Engineer.

kW means kilowatts.

marine engineering certification matters means matters relating to either or both of the following:

                     (a)  certification of marine engineering competency;

                     (b)  certification of electro‑technical competency.

Marine Regulation means a legislative instrument made under:

                     (a)  the Navigation Act 2012, to the extent that the legislative instrument deals with marine engineering certification matters; or

                     (b)  the Marine Safety (Domestic Commercial Vessel) National Law set out in Schedule 1 to the Marine Safety (Domestic Commercial Vessel) National Law Act 2012, to the extent that the legislative instrument deals with marine engineering certification matters in relation to performance of engineering functions on commercial vessels:

                              (i)  of at least 500 gross registered tonnes; or

                             (ii)  of at least 3,000 kW propulsion power.

near‑coastal waters means the waters landward of the outer boundary of the Australian Exclusive Economic Zone (EEZ).

Principal Examiner means the Principal Examiner of Engineers in AMSA.

propulsion power, of a vessel, means the total maximum continuous rated output power, in kilowatts, of all of the propulsion machinery appearing on the vessel’s certificate of registry or other official document. For this purpose, the practice of using mechanical or electronic means to limit or use only part of the speed or power (or both) of an engine (known as “de‑rating”) does not reduce the defined propulsion power of a vessel.

qualifying sea service means sea service performed as an engineer, trainee engineer, engineer cadet, or in an equivalent engineering capacity, regularly engaged in engine‑room watchkeeping (which includes service “on call” via UMS alarms in periodically unattended machinery spaces).

standard: see subsection 8(3).

STCW Code means the Seafarers’ Training, Certification and Watchkeeping (STCW) Code as adopted by a resolution of the 2010 Conference of Parties to the STCW Convention.

STCW Convention means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, done at London by the International Maritime Organization on 7 July 1978, as amended, including the Final Act of the 2010 Conference of Parties to the International Convention on Standards of Training and Watchkeeping for Seafarers 1978.

Note:          The text of the Convention is set out in Australian Treaty Series 1984 No. 7 ([1984] ATS 7). In 2013, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).


 

Part 2Standards

  

7  Standard: arrangement of legislative instruments dealing with marine engineering certification matters

             (1)  A legislative instrument:

                     (a)  that is made under the Navigation Act 2012 or the Marine Safety (Domestic Commercial Vessel) National Law set out in Schedule 1 to the Marine Safety (Domestic Commercial Vessel) National Law Act 2012; and

                     (b)  that deals with marine engineering certification matters;

must not contain provisions dealing with matters other than marine engineering certification matters and matters incidental to those matters.

             (2)  A legislative instrument that is inconsistent with subsection (1) is invalid.

8  Standards for Marine Regulations

             (1)  A Marine Regulation must not be inconsistent with a standard in this Part. To the extent that any Marine Regulation is inconsistent with a standard in this Part:

                     (a)  the Marine Regulation is invalid; and

                     (b)  (except for the standard in section 7) the standard in this Part applies instead.

             (2)  A Marine Regulation is not inconsistent with a standard in this Part only because the Marine Regulation imposes conditions or requirements, or contains other matters, in addition to conditions, requirements or matters in a standard.

             (3)  Each section in this Part, other than this section, is a standard.

9  Standard: approvals

             (1)  A decision of a kind listed in subsection (2) must only be made:

                     (a)  in the first instance—by an Examiner or the Principal Examiner; or

                     (b)  on review—by the Principal Examiner.

             (2)  For the purposes of subsection (1), these are the kinds of decisions:

                     (a)  a decision to approve any of the following in connection with a certificate of marine engineering competency or electro‑technical competency:

                              (i)  an educational requirement;

                             (ii)  an engineering trade requirement;

                            (iii)  maintenance experience;

                            (iv)  training;

                             (v)  sea service;

                     (b)  a decision to treat something else as equivalent to something approved for the purposes of paragraph (a);

                     (c)  a decision to issue a certificate of marine engineering or electro‑technical competency;

                     (d)  a decision to revoke a certificate of marine engineering or electro‑technical competency;

                     (e)  a decision to vary or suspend, or impose conditions on, or deal with in any other way, a certificate of marine engineering or electro‑technical competency.

10  Standard: oral examinations

             (1)  An oral examination of a person required by a Marine Regulation must:

                     (a)  be a thorough examination and cross‑examination of the person’s knowledge of the matters that are the subject of the examination; and

                     (b)  be conducted by an Examiner or the Principal Examiner.

             (2)  The Examiner or Principal Examiner must give the person a report of the examination which includes any matters on which the person’s knowledge does not pass the examination.

11  Standard: Engineer Class 1, 2 and 3

                   A certificate of competency as an Engineer Class 1, Engineer Class 2 or Engineer Class 3 must not be issued to a person unless the person has passed an oral examination that relates to knowledge of operational marine engineering matters, and of Australian maritime legislation, appropriate for a certificate of competency as an Engineer of that class.

12  Standard: Engineer Watchkeeper

             (1)  To be eligible for a certificate of competency as Engineer Watchkeeper, a person must satisfy:

                     (a)  subsection (2) or subsection (3) or both; and

                     (b)  subsection (4).

             (2)  The person satisfies this subsection if:

                     (a)  the person holds an approved trade certification or approved trade‑equivalent certification; and

                     (b)  the person has completed approved education and training:

                              (i)  that is relevant to the duties of a marine engineer; and

                             (ii)  that meets or exceeds the standards specified in the STCW Code.

             (3)  The person satisfies this subsection if:

                     (a)  the person has Year 12 passes in English, at least one mathematics subject and at least one science subject; and

                     (b)  the person has completed an Engineer Cadetship, of at least 36 months’ duration, that included approved education and training:

                              (i)  that is relevant to the duties of a marine engineer; and

                             (ii)  that included at least 36 weeks’ approved practical training ashore; and

                            (iii)  that meets or exceeds the standards specified in the STCW Code.

             (4)  The person satisfies this subsection if:

                     (a)  the person has completed at least 36 weeks’ qualifying sea service on vessels of at least 750 kW propulsion power; and

                     (b)  unless subsection (5) applies—at least 16 weeks of that qualifying sea service was on vessels using the kind of propulsion to which the certificate of competency as Engineer Watchkeeper will relate; and

                     (c)  the qualifying sea service included on‑board training that was documented in an approved training record book; and

                     (d)  the person has completed any engineer training program short courses required by the Marine Regulation; and

                     (e)  the person has passed an oral examination that relates to knowledge of operational marine engineering matters, and of Australian maritime legislation, appropriate for a certificate of competency as Engineer Watchkeeper.

             (5)  The person does not have to satisfy paragraph (4)(b) if the person is the holder of a certificate of competency as Engineer Class 1, Engineer Class 2, Engineer Watchkeeper in relation to the other kind of propulsion or Engineer Class 3.

13  Standard: Marine Engineer Class 3 without a trade

             (1)  An Examiner or the Principal Examiner may approve, as a trade‑equivalent certification for the purposes of paragraph 12(2)(a) (Engineer Watchkeeper), maintenance experience gained by a person if:

                     (a)  the person gained the maintenance experience while performing sea service:

                              (i)  as an engineer on a vessel of at least 750 kW propulsion power; and

                             (ii)  while holding a certificate of competency as a Marine Engineer Class 3; and

                     (b)  the duration of the sea service was at least:

                              (i)  24 months, for a person who completed workshop competencies at the level of Engineer Watchkeeper Cadet before starting the sea service; or

                             (ii)  30 months, for a person who completed workshop competencies at the level of Engineer Class 3 before starting the sea service.

             (2)  In deciding whether to give an approval referred to in this section, an Examiner or the Principal Examiner must have regard to:

                     (a)  if AMSA establishes a system for recording maintenance experience and relevant sea service—the records of that system; and

                     (b)  for maintenance experience and qualifying sea service occurring before the start of any such system—affidavits in relation to the person’s maintenance experience and relevant sea service.

14  Standard: alternative trades and post‑trade acquisition of maintenance experience

                   If an applicant for a certificate of competency as Engineer Watchkeeper:

                     (a)  does not hold an approved trade certification or approved trade‑equivalent certification; but

                     (b)  holds another kind of trade certification or has post‑trade maintenance experience;

an Examiner must assess, by considering the applicant’s particular circumstances, whether to approve the other kind of trade, or the post‑trade maintenance experience, as a trade‑equivalent certification for the purposes of paragraph 12(2)(a) (Engineer Watchkeeper).

15  Standard: recognition of foreign certificate

                   A person who holds a certificate of marine engineering or electro‑technical competency issued outside Australia must not be issued a certificate of recognition for that certificate unless the person has passed an oral examination that relates to knowledge of operational marine engineering or electro‑technical matters, and of Australian maritime legislation, appropriate for the certificate that is to be recognised.

16  Standard: colleges and registered training authorities

             (1)  The Principal Examiner must, at least once each year, audit each college and registered training authority approved to provide marine engineering training and decide whether to continue the approval.

             (2)  The Principal Examiner cannot delegate this function.

17  Standard: duties permitted for grades of certificates

             (1)  A certificate of competency or certificate of recognition of a grade specified for an item in column 1 of the table permits the holder to carry out the duties listed for that item in column 2, subject to subsections (4) and (5).

 

Table: Duties permitted for grades of certificates

Item

Column 1

Grade of certificate

Column 2

Duties permitted

1

Engineer Class 1

Chief Engineer, First Engineer or Watchkeeping Engineer on vessels of any propulsion power in any operating area

Any duties permitted for the holder of a qualification as:

(a) Engineer Class 2;

(b) Engineer Watchkeeper;

(c) AMSA Engineer Class 3 near‑coastal;

(d) Engineer Class 3;

(e) Marine Engine Driver Grade 1;

(f) Marine Engine Driver Grade 2;

(g) Marine Engine Driver Grade 3;

(h) Engine rating (however described)

2

Engineer Class 2

First Engineer or Watchkeeping Engineer on vessels of any propulsion power in any operating area

Chief Engineer on vessels of less than 3,000 kW propulsion power in any operating area

Any duties permitted for the holder of a qualification as:

(a) Engineer Watchkeeper;

(b) AMSA Engineer Class 3 near‑coastal;

(c) Engineer Class 3;

(d) Marine Engine Driver Grade 1;

(e) Marine Engine Driver Grade 2;

(f) Marine Engine Driver Grade 3;

(g) Engine rating (however described)

3

Engineer Watchkeeper

Watchkeeping Engineer on seagoing vessels of any propulsion power in any operating area

Any duties permitted for the holder of a qualification as:

(a) Marine Engine Driver Grade 1;

(b) Marine Engine Driver Grade 2;

(c) Marine Engine Driver Grade 3;

(d) Engine rating (however described)

If endorsed (see subsection (2))—First Engineer on vessels of less than 3,000 kW propulsion power in any operating area

4

AMSA Engineer Class 3 near‑coastal

First Engineer or Watchkeeping Engineer on vessels of less than 3,000 kW propulsion power in near‑coastal waters

Any duties permitted for the holder of a qualification as:

(a) Marine Engine Driver Grade 1;

(b) Marine Engine Driver Grade 2;

(c) Marine Engine Driver Grade 3;

(d) Engine rating (however described)

If endorsed (see subsection (3))—Chief Engineer on trading vessels of less than 3,000 kW propulsion power in near‑coastal waters

5

Marine Engine Driver Grade 1

Engineering duties permitted by a Marine Regulation and not inconsistent with a standard in this Act

Any duties permitted for the holder of a qualification as:

(a) Marine Engine Driver Grade 2;

(b) Marine Engine Driver Grade 3;

(c) Engine rating (however described)

6

Marine Engine Driver Grade 2

Engineering duties permitted by a Marine Regulation and not inconsistent with a standard in this Act

Any duties permitted for the holder of a qualification as:

(a) Marine Engine Driver Grade 3;

(b) Engine rating (however described)

7

Marine Engine Driver Grade 3 or Master Class 5 or Coxswain

Engineering duties permitted by a Marine Regulation and not inconsistent with a standard in this Act

Any duties permitted for the holder of a qualification as Engine rating (however described)

 

             (2)  For the purposes of table item 3, the holder of a certificate of competency as Engineer Watchkeeper may be endorsed to perform duties as First Engineer on vessels of less than 3,000 kW propulsion power if the holder has completed at least 12 months’ sea service on vessels of at least 750 kW propulsion power.

             (3)  For the purposes of table item 4, the holder of a certificate of competency as AMSA Engineer Class 3 near‑coastal may be endorsed to perform duties as Chief Engineer on trading vessels of less than 3,000 kW propulsion power if the holder has completed at least 12 months’ sea service on vessels of at least 750 kW propulsion power.

             (4)  A person must not perform duties as an engineer officer on a steamship unless the person holds a certificate that specifically applies to steamships.

             (5)  A person must not perform duties as an engineer officer on a motorship unless the person holds a certificate that specifically applies to motorships.

18  Standard: revalidation of certificates

             (1)  A certificate of marine engineering competency of any grade or class may be revalidated if the holder has, since the certificate was issued or last revalidated, completed sea service, on a vessel of at least 750 kW propulsion power, in a position as:

                     (a)  an engineer (including electrical engineer); or

                     (b)  a supernumerary engineer.

             (2)  If the holder holds certificates applying both to steamships and to motorships, both kinds of certificates may be revalidated if the holder has completed sea service as referred to in subsection (1) on either a steamship or a motorship.

19  Standard: Principal Examiner and Examiners

             (1)  The expression Principal Examiner, wherever used in a Marine Regulation, is to be given the same meaning that it has in this Act.

             (2)  The Principal Examiner must hold, at least, a certificate of competency as Engineer Class 1.

             (3)  The expression Examiner, wherever used in a Marine Regulation, is to be given the same meaning that it has in this Act.

20  Standard: meaning of propulsion power

                   The expression propulsion power, wherever used in a Marine Regulation, is to be given the same meaning that it has in this Act.

21  Standard: meaning of qualifying sea service

                   The expression qualifying sea service, wherever used in a Marine Regulation, is to be given the same meaning that it has in this Act.