Federal Register of Legislation - Australian Government

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No. 4 of 2009 Orders/Marine as made
These Marine Orders repeal the Marine Orders - Part 28: Operations standards and procedures, Issue 2 (Order No. 9 of 1997) and give effect to The International Convention on Standards of Training, Certification & Watchkeeping for Seafarers 1978, incorporating the 1995 amendments (STCW 1995). The International Convention on Standards of Training, Certification & Watchkeeping for Seafarers Convention 1978 was revised in 1995 and the revised convention, STCW 1995, and associated STCW Code came into force internationally on 1 February 1997. The STCW Code contains standards and guidance for watchkeeping on ships and Marine Orders Part 28 gives effect to these aspects of the Code.
Administered by: Infrastructure and Transport
Made 14 Oct 2009
Registered 21 Oct 2009
Tabled HR 26 Oct 2009
Tabled Senate 26 Oct 2009
Date of repeal 15 Apr 2012
Repealed by Marine Order 28, issue 4
This Legislative Instrument has been subject to a Motion to Disallow:
Motion Date:
02-Dec-2009
Expiry Date:
11-May-2010
House:
Senate
Details:
Full
Resolution:
Withdrawn
Resolution Date:
04-Feb-2010
Resolution Time:
Provisions:

MARINE ORDERS

Part 28

Operations standards and

procedures

Issue 3

 

Order No. 4 of 2009

Pursuant to subsection 425 (1AA) of the Navigation Act 1912, I hereby make this Order repealing Marine Orders Part 28, Issue 2, and substituting the attached Marine Orders, Part 28, Issue 3, to come into operation from 1 November 2009.

 

 

Graham Peachey
Chief Executive Officer
14 October 2009


Table of contents

1    Purpose and power

2    Definitions of words and phrases used in this Part

3    Interpretation

4    Application

5    Responsibilities of companies, masters and crew members

6    Fitness for duty

7    Watchkeeping 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Previous issues

Issue 1, Order No 6 of 1984

Issue 2, Order No 9 of 1997

 


1  Purpose and power

1.1  Purpose

This Part makes provision for the safe navigation and operation of ships by giving effect to:

(a)   the STCW Convention:

(i)      Regulation I/14;

(ii)      Regulation VIII/1; and

(iii)     Regulation VIII/2.

(b)   the STCW Code:

(i)      Section A–I/14;

(ii)      Section A–VIII/1;

(iii)     Section A–VIII/2;

(iv)     Section B–I/14; and

(v)     Section B–VIII/2.

1.2  Power

1.2.1    Subsection 15(1A) of the Navigation Act provides that the regulations may give effect to the                  STCW Convention.

1.2.2    Paragraph 425(1)(db) of the Navigation Act provides that the regulations may make                              provision for the safe navigation and operation of ships.

1.2.3    Subsection 425(1) of the Navigation Act provides for regulations to be made prescribing                              matters required or permitted to be prescribed or which are necessary or convenient to be                          prescribed for carrying out or giving effect to the Act.

1.2.4    Subsection 425(1AA) of the Navigation Act provides that AMSA may make orders with                             respect to certain matters for or in relation to which provision may be made by regulation.

2  Definitions of words and phrases used in this Part

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

       Company means the owner of the ship or any other organisation or person such as the       manager, or the bareboat charterer, who has assumed the responsibility for operation of the ship   from the shipowner and who, on assuming such responsibility, has agreed to take over all the     duties and responsibilities imposed on the company by these orders;

       IMO means the International Maritime Organization;

       Navigation Act means the Navigation Act 1912;

       penal provision means a penal provision for the purposes of Regulation 4 of the Navigation           (Orders) Regulations 1980;

Note  Subregulation 4(1) of the Navigation (Orders) Regulations provides that a person who fails to comply with a

provision of an order made under subsection 425(1AA) of the Navigation Act that is expressed to be a penal

provision is guilty of an offence and is punishable by a fine not exceeding 50 penalty units. The maximum penalty

that a court may impose on a body corporate that fails to comply with a penal provision is 250 penalty units.

       STCW Code means the Seafarers’ Training, Certification and Watchkeeping (STCW) Code as     adopted by the 1995 Conference of Parties to the Convention as Resolution 2;

       STCW Convention has the same meaning as in the Navigation Act.

3  Interpretation

3.1  In this part unless otherwise provided or unless the context otherwise requires, words or phrases     have the same meaning as they have in the STCW Convention or the STCW Code.

3.2  In this Part:

(a)  headings and sub-headings are part of this Part; and

(b)   a note is not part of the Part, but may provide additional information or guidance in applying the Part.

4  Application

4.1  This Part applies to a ship to which Part II of the Navigation Act applies.

4.2  Provision 7, to the extent that it deals with watchkeeping arrangements and principles to be                         observed on board a ship in port, also applies to any other ship while in an Australian port.

5  Responsibilities of companies, masters and crew members

5.1  General

Companies, masters and crew members each have responsibility for ensuring that the obligations set out in paragraph 1 of Section A – I/14 of the STCW Code are given full and complete effect.

5.2 Companies

5.2.1    Each Company is responsible for the assignment of seafarers for service in its ships, and                                every Company must ensure that:  

            (a)        each seafarer assigned to any of its ships holds an appropriate certificate in                                       accordance with the provisions of Marine Orders, Part 3 (Seagoing Qualifications);

            (b)        its ships are manned in compliance with the safe manning document issued to the                                           ship;

            (c)        documentation and data relevant to all seafarers employed on its ships are                                                     maintained and readily accessible, and include, without being limited                                                            to, documentation and data on their experience, training, medical                                                                fitness and competency in assigned duties;

            (d)        seafarers on being assigned to any of its ships are familiarised with their specific                                duties and with all ship arrangements, installations, equipment, procedures and                                            ship characteristics that are relevant to their routine or emergency duties; and

            (e)        the ship's complement can effectively co-ordinate their activities in an emergency                                           situation and in performing functions vital to safety or to the prevention or                                        mitigation of pollution.

                        This is a penal provision.

5.2.2    A Company must provide written instructions to the master of each ship in accordance with                   paragraph 2 of Section A – I/14 of the STCW Code.

       This is a penal provision.

5.3 The Master

The master of a ship should act in accordance with paragraph 2 of Section B – I/14 of the STCW Code.

5.4 The Crew

Seafarers who are newly assigned to a ship should act in accordance with paragraph 3 of Section B–I/14 of the STCW Code.

6  Fitness for Duty

6.1 Responsibility of the Company

A company must act in accordance with Section A-VIII/1 of the STCW Code.

      This is a penal provision.

6.2 Minimum Rest Periods

6.2.1    All persons who are assigned duty as officer in charge of a watch or as a rating forming part                   of a watch must be provided a minimum of 10 hours rest period in any 24-hour period.

6.2.2    The hours of rest may be divided into no more than two periods, one of which must be at                                   least six hours in length.

6.2.3    The requirements of 6.2.1 and 6.2.2 need not be maintained in the case of an emergency or                   drill or in any other overriding operational conditions.

Note Overriding operational conditions means essential shipboard work that cannot be delayed for safety or environmental reasons or which could not reasonably have been anticipated at the commencement of the voyage.

6.2.4    Notwithstanding 6.2.1 and 6.2.2, the minimum period of ten hours may be reduced to not                                  less than 6 consecutive hours provided that any such reduction must not extend beyond two                         days and not less than 70 hours of rest are provided each seven day period.

         Note  In applying Provision 6, the following should be taken into account:

·         Provisions made to prevent fatigue should ensure that excessive or unreasonable overall working hours are not undertaken.  In particular, the minimum rest periods should not be interpreted as implying that all other hours may be devoted to watchkeeping or other duties.

·         The frequency and length of leave periods, and the granting of compensatory leave, are material factors in preventing fatigue from building up over a period of time.

·         The provisions may be varied for ships on short sea voyages, provided special safety arrangements are put in place.

         Although there is no universally accepted technical definition of fatigue, everyone involved in ship operations               should be alert to the factors that can contribute to fatigue, including, but not limited to, those identified in IMO        Resolution A.772(18).

6.2.5    A Company must ensure that watch schedules are posted in areas easily accessible by the                             crew.

       This is a penal provision.

6.2.6    A company must arrange for records to be maintained of hours of work and rest in relation                    to watchkeeping duties.  

       This is a penal provision.

7  Watchkeeping

7.1  Watchkeeping arrangements and principles to be observed

Companies, masters and persons engaged on watchkeeping duties must observe the standards regarding watchkeeping set out in Section A–VIII/2, taking into account the guidance provided under Section B-VIII/2 of the STCW Code, with the exception of Part 5 of Section B –VIII/2 as appropriate.

       This is a penal provision.

Note  To assist seafarers AMSA has reproduced the relevant text of Chapter VIII of Section A and B of the STCW Code – Information for seafarers regarding watchkeeping standards. It is available on the AMSA website at www.amsa.gov.au.

7.2  Master to Ensure Adequate Arrangements

A master of a ship must ensure watchkeeping arrangements are in accordance with sub-paragraphs 1 to 4 of paragraph 2 of Regulation VIII/2 of the STCW Convention.

 

 

7.3 Ships with propulsion power equal to or greater than 750kW

A master of a ship must ensure that a ship in port with propulsion power equal to or greater than 750kW maintains an Officer in charge of the Engineering Watch at all times.

Note  7.3 prevails over Paragraph 95 of the STCW Code.  Paragraph 95 of the STCW Code grants a master of a ship a discretion under sub-paragraph 2, whereby a master may choose not to maintain an officer in charge of the engineering watch while in Port in relation to vessels of less than 3000kW propulsion power. It should be noted that ships in an Australian Port must act in accordance with 7.3 whereby a ship with propulsion power equal to or greater than 750kW must maintain an Officer in charge of the Engineering Watch at all times.

 

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