Federal Register of Legislation - Australian Government

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Order No. 5 of 2000 Orders/Marine as made
Marine Orders Part 6, for the purpose of the Navigation Act 1912, perscribes 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.
Administered by: Infrastructure and Regional Development
General Comments: This Marine Order was originally made under subsection 425(1AA) of the Navigation Act 1912 and has effect, for the purposes of the Navigation Act 2012, with such modifications as are specified in Marine Order 4 (Transitional modifications) 2013 (see section 343 of the Navigation Act 2012 and Schedule 3 of Marine Order 4 (Transitional modifications) 2013).
Exempt from sunsetting by the
Registered 14 Mar 2006
Tabling HistoryDate
Tabled HR03-Oct-2000
Tabled Senate03-Oct-2000
Gazetted 20 Sep 2000
Date of repeal 10 Jun 2016
Repealed by Marine Order 75 (Seafarer certification amendment) 2016

MARINE ORDERS

Part 6

Marine Radio Qualifications

Issue 5

 

 

 

Order No 5 of 2000

       Pursuant to Section 425(1AA) of the Navigation Act 1912, I hereby
make this Order repealing Marine Orders, Part 6, Issue 4, and substituting
the attached Marine Orders, Part 6, Issue 5, to come into operation on
1 October
2000.

                                                                                                        Clive Davidson
                                                                                                         Chief Executive Officer
                                                                                                        14 September 2000

 


Table of Contents

 

1        Purpose of this Part

2       Definitions of words and phrases used in this Part

3       Application

4       Review of decisions by the AAT

5       Offences

6       Exemptions

7       Requirements

8       GMDSS Certificates

9       Transitional arrangements

 

 

 

 

 

 

 

Previous issues

Issue 1, Order No 4 of 1983
—Amendment. Order No 6 of 1985

Issue 2, Order No 4 of 1988

Issue 3, Order No 3 of 1992

Issue 4, Order No 5 of 1993


1  Purpose of this Part

Section 231B of the Navigation Act 1912 provides that the master or owner of a ship equipped with a radio installation must not take the ship to sea, or permit the ship to be taken to sea, unless the ship carries, as part of its crew, such person or persons qualified to operate the radio installation as is or are prescribed.  This Part of Marine Orders prescribes the persons qualified to operate the radio installation in a ship.

2  Definitions of words and phrases used in this Part

approved means approved by the Manager;

AMSA means the Australian Maritime Safety Authority;

Certificate of Recognition means a certificate issued under 8.5;

General Manager means the person occupying the position of General Manager, Maritime Operations, in AMSA;

GMDSS Certificate means a certificate issued under 8.2;

GMDSS ship means a ship to which Marine Orders, Part 27, applies;

holder, in relation to a certificate, means the person identified on the certificate as the holder of that certificate;

Manager means the person occupying the position of Manager, Ship Operations and Qualifications in AMSA, or in respect of any particular purpose under this Part, a suitably qualified person authorised by the Manager for that purpose;

the Radio Regulations means the Radio Regulations adopted by the World Radiocommunication Conference, 1995, as revised by the World Radiocommunication Conference, 1997;

the STCW Code means the Code referred to in the STCW Convention;

the STCW Convention means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended;

surveyor means a person appointed to be a surveyor under section 190 of the Navigation Act 1912;

valid, in relation to a certificate, means a certificate that:

·       is current;

·       is not cancelled or under suspension; and

·       bears the signature of the holder.

3  Application

This Part applies to a person operating or intending to operate the radio installation of a ship subject to Part II of the Navigation Act 1912, and to a person holding a GMDSS Certificate.

4  Review of decisions by the AAT

4.1  A person whose interests are affected by a decision marked with the symbol ‡  in this Part may apply to the Administrative Appeals Tribunal for a review of the decision.

4.2  If notice of a decision is given in writing, the notice must include a statement to the effect that, if the person is dissatisfied with the decision, application may, subject to the Administrative Appeals Tribunal Act 1975, be made to the Administrative Appeals Tribunal for review of the decision.  The notice must also include a statement to the effect that the person may request a statement under section 28 of that Act.

4.3  Failure to comply with 4.2 in relation to a decision does not affect the validity of that decision.

5  Offences

Regulation 4 of the Navigation (Orders) Regulations provides that a person who contravenes a provision of an order made under subsection 425(1AA) of the Navigation Act 1912 that is expressed to be a penal provision is guilty of an offence and is punishable, upon conviction:
(a)    if the offender is a natural person—by a fine not exceeding $2,000; or
(b)   if the offender is a body corporate—by a fine not exceeding $5,000.

In this Order, provisions 7. 2, 8.4.1, 8.4.2 and 8.6.8 are penal provisions.

6  Exemptions[1]

The Manager, if satisfied that compliance with a provision of this Part would be unnecessary or unreasonable having regard to a person may exempt that person from compliance with such provision to the extent specified and subject to such conditions as that officer thinks fit.  An exemption is invalid if it is inconsistent with the STCW Convention or the Radio Regulations.

7  Requirements

7.1  A person is qualified to operate the radio installation of a ship if that person is the holder of a valid GMDSS Certificate, or an appropriate certificate issued in a country other than Australia together with a Certificate of Recognition in respect of that certificate.

7.2  A person who operates or proposes to operate the radio installation on a ship must not, without reasonable excuse, fail to produce on demand his or her certificates to a surveyor or to a person authorised under the Radiocommunications Act 1992.

Person who can be held responsible for non-compliance: The person failing to produce his or her certificates.

8  GMDSS Certificates

8.1  Applying for a certificate

A person may apply for the issue or revalidation of a GMDSS Certificate by completing the appropriate form[2] and sending or delivering it to an AMSA office.  The application should be accompanied by evidence of relevant service and certificates held, and any other documents that the Manager considers necessary for the purpose of assessing the application.

8.2  Issue of a certificate

The Manager will issue a GMDSS Certificate appropriate to the standard of education and training completed by the applicant,[3] provided that the Manager is satisfied that the applicant meets one of the following:

·       the applicant is not less than 18 years of age and has, within the previous 5 years, satisfactorily completed approved[4] education and training and meets the standard of competence specified in section A-IV/2 of the STCW Code;

·       the applicant was issued with an equivalent certificate by the Department of Transport and Communications, the Spectrum Management Agency or the Australian Communications Authority and meets the requirements in 8.3 for revalidation.

8.3  Duration

A GMDSS Certificate remains current for an initial term of 5 years.  The Manager will revalidate the certificate for further periods of up to 5 years if the Manager is satisfied that the holder meets one of the following:

·       the holder has performed radio service in a seagoing ship fully fitted[5] with GMDSS equipment for a period of at least 12 months in the five years preceding the application for revalidation;

·       the holder has performed functions relating to the category of GMDSS Certificate held which are considered by the Manager to be at least equivalent to the seagoing service required above;

·       the holder has satisfactorily passed an approved test or successfully completed approved training.

8.4  Lost, stolen and destroyed certificates[6]

8.4.1  A lost, stolen or destroyed GMDSS certificate must be reported to the Manager within 14 days. If a lost or stolen certificate is subsequently recovered, it must be forwarded as soon as practicable to the Manager for cancellation.[7]

Person who can be held responsible for non-compliance: The holder of the lost, stolen or destroyed GMDSS certificate.

8.4.2  The Manager may issue a new GMDSS Certificate to replace a certificate that has been lost, stolen or destroyed.

8.5  Certificate of Recognition

If the Manager is satisfied that a person holds a certificate that has been issued in a country other than Australia and that is equivalent[8] to a GMDSS Certificate, the Manager will issue the person with a Certificate of  Recognition.  Provisions 8.3, 8.4 and 8.6 apply to a Certificate of Recognition as though it were a GMDSS Certificate.

8.6  Dealing with certificates[9]

8.6.1  A GMDSS Certificate provides evidence that the holder possesses certain skills and experience in operating a radio installation.  It is therefore important, in the interests of safety, that the holder should at all times be capable of carrying out the duties that the certificate qualifies him or her to undertake.  If the General Manager determines that the holder is not capable of doing so, the General Manager may take appropriate action.

8.6.2  The principal cause of the General Manager taking action would be the holder having carried out his or her duties in an incompetent manner, whether or not a casualty or other incident actually resulted.  Another would be where the certificate was obtained by reason of an untrue representation, whether deliberate or not. However, the General Manager would also take action in any circumstance where the holder is unable from any cause to perform properly the duties appropriate to the certificate and the General Manager is satisfied that a potential safety hazard exists.

8.6.3  Actions that the General Manager may take are:

·       cancellation of the certificate;

·       suspension of the certificate until specified conditions are met;

·       imposition of restrictions on the purposes for which the certificate is valid for use until specified conditions are met.

Examples of the conditions that the General Manager might specify are:

·       successful completion of a particular course;

·       passing an oral examination in appropriate operational knowledge;


·       production of references.

Examples of restrictions that the General Manager might impose are:

·       restriction on the range of duties that may be undertaken;

·       restriction on size of ship;

·       restriction on type of ship;

·       restriction on area of operation;

·       degree of supervision required.

8.6.4  The General Manager must not cancel, suspend or impose restrictions on the use of a certificate until the following procedures have been completed:

·       the holder has been informed that action against his or her certificate is contemplated, and the reason why;

·       the holder has been provided with copies of any documents which the General Manager will be using to make his or her decision;

·       the holder has been allowed at least 28 days to make submissions, which need not be in writing, in relation to the decision;

·         the General Manager has given proper consideration to submissions made by the holder.

8.6.5  If a ship is involved in a serious accident or incident and the General Manager is satisfied that it is in the interests of safety or the protection of the marine environment that the GMDSS Certificate of a person involved in the accident or incident should be suspended, or its use limited, until the procedures in 8.6.4 have been carried out, the General Manager may suspend or limit the use of the certificate of the person.  Such a suspension must only be for so long as is reasonably necessary for the completion of the procedures, and in any case must not exceed one month.[10]

8.6.6  The General Manager must arrange for the holder of a GMDSS Certificate to be told in writing about any decision made regarding his or her certificate.  The holder must also be told about the right of review to the AAT.  If a decision has been made to cancel, suspend or impose restrictions on the use of a certificate, the holder must be told the date on which the cancellation, suspension or restriction is to take effect.  The General Manager, or a person authorised by the General Manager for the purpose, may alter that date provided the new date is not earlier than the original date.

8.6.7  The General Manager, or a person authorised by the General Manager for the purpose, may cancel at any time a certificate that has been unlawfully altered by any kind of addition or erasure and may, if the circumstances of the case warrant, take further appropriate action, including action for the issue of a replacement certificate.

8.6.8  A cancelled or suspended GMDSS Certificate must be returned to the Manager within 14 days.  A suspended certificate will be returned to the holder upon the expiration of the period of suspension.

Person who can be held responsible for non-compliance: The person whose GMDSS Certificate is cancelled or suspended.

8.6.9  The Manager may refuse to issue a GMDSS Certificate to a person whose previous certificate has been cancelled, is under suspension or has had restrictions imposed on its use.

8.6.10  The Manager may at any time cancel a GMDSS Certificate that contains factual errors and issue a correct certificate in its place.

9   Transitional arrangements

A GMDSS Certificate that was issued, revalidated or recognised under Issue 4 of this Part, and was valid on 1 August 2000, is deemed to be a corresponding certificate issued, revalidated, or recognised under this Issue of this Part. It will expire 5 years after it was originally issued or last validated and will then need to be revalidated in accordance with this Issue.



[1]     Applications for exemptions should be made to the Manager and should be accompanied by relevant information.  The Manager may seek additional information to assist in reaching a decision.

[2]     Obtainable from any AMSA office.

[3]     GMDSS certificates are issued for the following grades: First Class Electronic; Second Class Electronic; General Operator's.

[4]     The Manager will only approve a course of training and assessment complying with the Radio Regulations.  Guidance on training for GMDSS certificates is given in Section B-IV/2 of the STCW Code.

[5]     "Fully fitted" means fitted, in accordance with Marine Orders Part 27 or 8.1 of Marine Orders Part 26, for A3 sea areas. Service on ships fitted in accordance with 8.2 of Marine Orders Part 26 may be taken into account if the Manager is satisfied that service covers the full range of GMDSS radio equipment, or in combination with approved training.

[6]     A certificate issued by the Department of Transport and Communications, the Spectrum Management Agency or the Australian Communications Authority can only be cancelled or replaced by the Australian Communications Authority.  Where necessary, the Manager will forward such certificates to the Australian Communications Authority for appropriate action.

[7]     In addition, if a GMDSS certificate becomes accidentally damaged, the holder should return it to the Manager for replacement.  Continued use of a damaged certificate, particularly where the damage could be mistaken for deliberate tampering, could be to the disadvantage of the holder.

[8]     In determining if a certificate is equivalent to a GMDSS certificate, the Manager may require the holder to undergo a formal assessment process.

[9]     Only the Australian Communications Authority may take action in respect of a certificate issued by the Department of Transport and Communications, the Spectrum Management Agency or the Australian Communications Authority.

[10]    In making a decision to suspend or limit the use of a certificate, the General Manager must take into account the degree of risk involved in allowing the holder of that certificate to continue to serve in various capacities for which the certificate could otherwise be valid.  Action would not be taken unless there was a clear and identifiable risk.