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AMSA MO 2013/2 Orders/Marine as made
This order modifies some of the Marine Orders that have been modified by Marine Order 4 (Transitional modifications) 2013 as they apply to ships registered on the Australian International Shipping Register (AISR), the seafarers working or proposing to work on ships registered on the AISR (International Register vessels) and the owners of those vessels.
Administered by: Infrastructure and Regional Development
Made 16 May 2013
Registered 27 May 2013
Tabled HR 30 May 2013
Tabled Senate 17 Jun 2013
Date of repeal 01 Jan 2017
Repealed by Marine Order 2 (Australian International Shipping Register) 2016
Table of contents.

AMSA MO 2013/2

Marine Order 2 (Australian International Shipping Register) 2013

I, Graham Peachey, Chief Executive Officer of the Australian Maritime Safety Authority, make this Order under subsection 342(1) of the Navigation Act 2012.

16 May 2013

Graham Peachey
Chief Executive Officer

                                                        


1               Name of Order.............................................................................................. 3

2               Commencement............................................................................................. 3

3               Purpose......................................................................................................... 3

4               Power............................................................................................................ 3

5               Definitions..................................................................................................... 3

6               Application.................................................................................................... 3

7               Modification of Marine Orders......................................................................... 4

Schedule 1                     Modifications............................................................................ 4

Division 1    Marine Order 3 (Seagoing qualifications) 2004........................................ 4

Division 2    Marine Order 11 (Living and working conditions on vessels) 2013.......... 9

Division 3    Marine Order 12 (Construction — subdivision and stability, machinery and electrical installations) 2009................................................................................. 10

Division 4    Marine Order 15 (Construction — Fire protection, fire detection and fire extinction) 2009     12

Division 5    Marine Order 21 (Safety of navigation and emergency procedures) 2012 13

Division 6    Marine Order 25 (Equipment — life-saving) 2009................................... 13

Division 7    Marine Order 27 (Radio equipment) 2009............................................... 14

Division 8    Marine Order 28 (Operations standards and procedures) 2012............... 14

 


1          Name of Order

                 This Order is Marine Order 2 (Australian International Shipping Register) 2013.

2          Commencement

                 This Order commences on 1 July 2013 immediately after Marine Order 4 (Transitional modifications) 2013 and Marine Order 11 (Living and working conditions on vessels) 2013 commence.

3          Purpose

                 This Order:

(a)   provides for qualifications for seafarers who work on International Register vessels; and

(b)   provides for construction, equipment and operational requirements for International Register vessels.

Note   For requirements about the employment conditions of seafarers who work on International Register vessels — see Marine Order 11 (Living and working conditions on vessels) 2013.

4          Power

        (1)     Subsection 342(1) of the Navigation Act provides that AMSA may, by legislative instrument, make an order (to be known as a Marine Order) for any matter for which provision must or may be made by the regulations.

        (2)     Subsection 343(2) of the Navigation Act provides that the Marine Orders may provide for specified orders that were in force under the Navigation Act 1912 immediately before its repeal to have effect, for the Navigation Act, with any modifications that are specified in the Marine Orders.

5          Definitions

                 In this Order:

                 International Register vessel means a ship registered on the Australian International Shipping Register.

Note 1 Some terms used in this Order are defined or explained in Marine Order 1 (Administration) 2011 including:

·         Australian International Shipping Register

·         Marine Order

·         Navigation Act.

Note 2   Other terms are defined in the Navigation Act, including:

·         master

·         owner

·         seafarer

·         vessel.

6          Application

                 This Order applies to:

(a)   each seafarer who works or proposes to work on board an International Register vessel; and

(b)   International Register vessels; and

(c)   owners of International Register vessels.

7          Modification of Marine Orders

        (1)     Each Marine Order mentioned in a Division heading of Schedule 1 is modified in accordance with the Division that applies to the Marine Order.

        (2)     For subsection (1), the reference to each Marine Order includes any modifications to the Order made by Marine Order 4 (Transitional modifications) 2013.

Note 1   Marine Orders that are not modified by this Order also apply to the vessels and persons mentioned in section 6.

Note 2   Marine Order 2 (Australian International Shipping Register) 2012 ceased to have effect on the repeal of its parent Act, the Navigation Act 1912, on 1 July 2013.


Schedule 1    Modifications

(section 7)

Division 1     Marine Order 3 (Seagoing qualifications) 2004

[1]       Section 2, after definition of Australian near coastal area

insert

Australian national has the same meaning as in subsection 3(1) of the Shipping Registration Act 1981.

Australian resident has the same meaning as in subsection 3(1) of the Shipping Registration Act 1981.

certificate of equivalence means a certificate issued by the Manager under section 54 of Section M.

[2]       Section 2, after definition of First Engineer

insert

foreign certificate means a certificate that is:

(a)   issued by a maritime administration of a country recognised by Australia,

        under a memorandum of understanding, for the recognition of seafarers’

        qualifications; and

(b)   endorsed in accordance with the following provisions of the STCW Convention:

             (i)  for a Deck Officer — regulation II/1 or II/2;

            (ii)  for an Engineer Officer regulation III/1, III/2 or III/3;

           (iii)  for a deck rating — regulation II/4 or II/5;

           (iv)  for an engine room rating — regulation III/4 or III/5; and

(c)   in force under the law of the country that authorises the person holding the

        certificate to perform duties or functions as a qualified master, officer or seaman.

Note   The countries with which Australia has a memorandum of understanding are listed on the

AMSA website at http://www.amsa.gov.au.

[3]       Section 2, after definition of high speed craft

insert

interim certificate of equivalence means a certificate issued by the Manager, Ship Operations and Qualifications under section 53 of Section M.

[4]       Section 2, note 1

after

including:

insert

·         Australian International Shipping Register

[5]       Section 4

substitute

4          Application

              This Order applies:

(a)   to a person performing or intending to perform duties or functions as a qualified master, deck officer, engineer officer or other seafarer on an International Register vessel; and

(b)   to a person holding a seafarer certificate issued under Section M of this Order.

[6]       Subsection 6.1.1 paragraph (g)

substitute

(g)   an interim certificate of equivalence; or

(h)   a certificate of equivalence; or

(i)    an endorsement, which may be included in a certificate.

[7]       After subsection 6.1.1

insert

6.1.1A     However:

(a)   the holder of a valid interim certificate of equivalence or certificate of equivalence is qualified to serve or to be employed only on an International Register vessel; and

(b)   a person who is not an Australian national or an Australian resident may serve or be employed on an International Register vessel as a Master, Chief Mate, Chief Engineer or First Engineer only if he or she has a valid certificate of equivalence, certificate of recognition or certificate of competency issued by AMSA that qualifies the holder to serve or be employed to perform the duties or functions of a Master, Chief Mate, Chief Engineer or First Engineer.

Note   It is a condition of registration of a ship in the Australian International Shipping Register that an Australian national or Australian resident is the master or chief mate of the ship and an Australian national or Australian resident is chief engineer or first engineer — see s 33A of the Shipping Registration Act 1981.

[8]       Paragraph 8(a)

omit

K or L

insert

K, L or M

[9]       After subsection 9.4

insert

9.4A    Duration of interim certificate of equivalence

9.4A.1     An interim certificate of equivalence, and any endorsement of it, expires 3 months after the date of issue of the certificate.

9.4A.2     However, if the Manager, Ship Operations and Qualifications has determined an earlier date for expiry of the certificate, the certificate, and any endorsement of it, expires on that date.

9.4B    Duration of certificate of equivalence

                 A certificate of equivalence, but not an interim certificate of equivalence, remains current until the expiry of the certificate being recognised, or for any lesser period determined by the Manager, Ship Operations and Qualifications.

[10]     After subsection 10.1A

insert

10.1B No revalidation of certificates of equivalence

However, the holder of a certificate of equivalence is not eligible to have the certificate revalidated.

[11]     After Section C, heading

insert

11A     Application of Section C

  11A.1     Section C does not apply to the following:

(a)   a person applying for a certificate of equivalence;

(b)   the issue of an interim certificate of equivalence or a certificate of equivalence.

  11A.2     Section 14 applies to a person who provides medical first aid on board an International Register vessel or who takes charge of medical care on board an International Register vessel.

[12]     Subsections 18.1.1 and 18.2.1

after

seafarer certificate

insert

, other than an interim certificate of equivalence or a certificate of equivalence,

[13]     Subsection 46.1

omit

a certificate of competency, a certificate of recognition, a certificate of proficiency (integrated rating) or a certificate of rating and is engaged in a capacity on board a vessel

insert

an interim certificate of equivalence or a certificate of equivalence and is engaged in a capacity on board an International Register vessel

[14]     After Section L

insert

Section M     Specific requirements for duties or functions on International Register vessels

52        Application for certificate of equivalence

                 A person may apply to AMSA for a certificate of equivalence if the person:

(a)   holds a foreign certificate; and

(b)   is not an Australian national or an Australian resident.

53        Issue of interim certificate of equivalence

                 The Manager, Ship Operations and Qualifications may issue an interim certificate of equivalence to a person if:

(a)   the person:

             (i)  meets the requirements mentioned in section 52; and

            (ii)  shows AMSA the person’s foreign certificate or a certified copy of the certificate; and

(b)   the foreign certificate is for the duties or functions the person will perform; and

(c)   the Manager is satisfied:

             (i)  of the applicant’s identity; and

            (ii)  of the authenticity of the foreign certificate; and

           (iii)  that the person holds a certificate of medical fitness in accordance with Marine Order 9 (Health — medical fitness) 2010; and

           (iv)  that the applicant will be performing Watchkeeper Deck, Engineer Watchkeeper or ratings duties or functions on an International Register vessel.

54        Issue of certificate of equivalence

     54.1     The Manager, Ship Operations and Qualifications may issue a certificate of equivalence to the person if:

(a)   the person:

             (i)  meets the requirements mentioned in section 52; and

            (ii)  shows AMSA the person’s foreign certificate for ratings duties or functions or a certified copy of the certificate; and

(b)   the Manager is satisfied:

             (i)  about the applicant’s identity; and

            (ii)  of the authenticity of the foreign certificate; and

           (iii)  that the person holds a certificate of medical fitness in accordance with Marine Order 9 (Health — medical fitness) 2010; and

           (iv)  that the person has passed an approved English language assessment; and

            (v)  that the applicant will be working as a rating on an International Register vessel.

     54.2     The Manager, Ship Operations and Qualifications may issue a certificate of equivalence to a person if:

(a)   the person:

             (i)  meets the requirements mentioned in section 52; and

            (ii)  shows AMSA the person’s foreign certificate for the kind of officer duties or functions the person is to perform or a certified copy of the certificate; and

(b)   the Manager is satisfied:

             (i)  of the applicant’s identity; and

            (ii)  of the authenticity of the foreign certificate; and

           (iii)  that the person holds a certificate of medical fitness in accordance with Marine Order 9 (Health — medical fitness) 2010; and

           (iv)  the person will be working as an officer on an International Register vessel; and

(c)   the person has passed an assessment in knowledge of the Australian maritime regulatory framework to the satisfaction of the Manager; and

(d)   the person has passed an approved English language assessment to the satisfaction of the Manager.

     54.3     On expiry of a certificate of equivalence, the Manager, Ship Operations and Qualifications may issue a further certificate of equivalence to the person holding the certificate if satisfied that:

(a)   the foreign certificate the person holds has been revalidated; and

(b)   the person holds a certificate of medical fitness in accordance with Marine Order 9 (Health — medical fitness) 2010.

Note   The holder of the revalidated foreign certificate need not undergo any further assessment for the further certificate of equivalence to be issued.

55        Requirements for assessments

     55.1     If a person must pass an approved English language assessment or an assessment in knowledge of the Australian maritime regulatory framework before being issued a certificate of equivalence, the examination must be passed, unless the Manager, Ship Operations and Qualifications determines otherwise:

(a)   when all other eligibility criteria have been met; and

(b)   within the 12 months before the certificate is issued.

     55.2     If the Manager, Ship Operations and Qualifications considers that the person is unable to meet the standard required to pass the assessment because the person lacks sufficient practical knowledge, the person cannot be reassessed for a period, determined by the Manager as reasonably required for the person to gain the practical knowledge, of up to 6 months.

Division 2     Marine Order 11 (Living and working conditions on vessels) 2013

[15]     Section 5, after definition of hours of work

insert

International Register vessel means a ship registered on the Australian International Shipping Register.

[16]     Section 5, note 1

after

including:

insert

·         Australian International Shipping Register

[17]     Subsection 7(5)

substitute

        (5)     An International Register vessel that was constructed before 21 August 2013 need not comply with Divisions 10, 11, 12 (other than sections 89 and 90), 13 and 14 and subsection 56(2) of this Order if AMSA approves the arrangements for the following kinds of accommodation on the vessel:

(a)   accommodation of the crew or master;

(b)   accommodation of the passengers;

(c)   hospital accommodation.

7A       AMSA approval of accommodation arrangements for certain International Register vessels

        (1)     For subsection 7(8), the owner of an International Register vessel may apply to AMSA for approval of accommodation arrangements.

        (2)     AMSA may approve the arrangements after considering:

(a)   the date of construction of the ship; and

(b)   the standards for accommodation on vessels that were in force in Australia at the time of construction of the vessel.

Examples for paragraph (b)

ILO ship construction standards and, until 1 July 2013, Marine Orders Part 14, issue 1 (Accommodation).

        (3)     AMSA may impose conditions on the approval.

Division 3     Marine Order 12 (Construction — subdivision and stability, machinery and electrical installations) 2009

[18]     Section 2, after definition of IMCA

insert

International Register vessel means a ship registered on the Australian International Shipping Register.

[19]     Section 2, note 2

after

including:

insert

·         Australian International Shipping Register

[20]     Schedule 1, subclause 2.1

substitute

2.1       Application

    2.1.1     An International Register vessel constructed before 1 July 2013 must comply with the bilge pumping requirements of the recognised organisation of the ship and need not comply with this requirement.

Note   For a list of approved recognised organisations and their websites see Marine Order 1 (Administration) 2012.

    2.1.2     An International Register ship constructed on or after 1 July 2013 must comply with this requirement.

2.1A    General

                 The requirements in paragraph 3 of Regulation 35-1 of Chapter II-1 of SOLAS for passenger ships are to be applied to cargo ships as far as practicable.

[21]     Schedule 1, clause 6

substitute

6          Electrical installations — emergency sources of power

[relates to Regulation 43 of SOLAS]

6.1       Application

    6.1.1     An International Register vessel constructed before 1 July 2013 must comply with paragraph 1.4 of Regulation 42 of Chapter II-1 of SOLAS.

    6.1.2     An International Register vessel constructed on or after 1 July 2013 must comply with subclause 6.2.

6.2       Capability of emergency power source

                 In addition to the emergency power availability required by Regulation 43 of Chapter II-1 of SOLAS, the emergency power source must be capable of:

(a)    operating the machinery space fixed pressure water spraying fire-extinguishing system pump, if any, for at least 18 hours; and

(b)   providing any other services, for any periods, that the Manager, Ship Inspection and Registration considers necessary for the safety of all on board in such an emergency.

[22]     Schedule 1, subclause 8.1

omit

AS 1735 (lifts, escalators and moving walks)

insert

ISO 8383:1985 (Lifts on ships — Specific requirements)

[23]     Schedule 1, subclause 8.2

omit

AS 1735. A reference to the ‘Statutory Authority’ in AS 1735 means AMSA.

insert

ISO 8383:1985.

[24]     Schedule 1, subclauses 8.3 and 8.12

omit each occurrence of

AS 1735

insert

ISO 8383:1985

[25]     Schedule 1, subclause 11.3.1

substitute

11.3.1       A fuel gas cylinder and an oxygen cylinder must comply with any of the following as in force on 1 July 2013:

(a)   AS 2030 (Gas cylinders);

(b)   any of the following ISO standards:

             (i)  ISO 14113:2007 (Gas welding equipment. Rubber and plastics hose and hose assemblies for use with industrial gases up to 450 bar (45 MPa);

            (ii)  ISO 2503:1998 (Gas welding equipment. Pressure regulators for gas cylinders used in welding, cutting and allied processes up to 300 bar);

           (iii)  ISO 9090: 1989 (Gas tightness of equipment for gas welding and allied processes);

           (iv)  ISO 9539:2010 (Gas welding equipment — Materials for equipment used in gas welding, cutting and allied processes);

            (v)  ISO 14114:2009 (Gas welding equipment — Acetylene manifold systems for welding, cutting and allied processes — general requirements);

(c)   both:

             (i)  the requirements of any of the standards mentioned in paragraph (b) that replace requirements of AS 2030 (Gas cylinders); and

            (ii)  the other requirements of AS2030 (Gas cylinders).

Note   A person may also apply for approval by the Manager, Ship Inspection and Registration for an equivalent standard to be complied with instead — see section 6.

Division 4     Marine Order 15 (Construction — Fire protection, fire detection and fire extinction) 2009

[26]     Section 2, after definition of Fire Safety Systems Code (or FSS Code)

insert

International Register vessel means a ship registered on the Australian International Shipping Register.

[27]     Section 2, note 2

after

including:

insert

·         Australian International Shipping Register

[28]     Schedule 2, paragraph 1.11(c)

omit

AS 1841

insert

ISO 7165:2009

[29]     Schedule 2, paragraphs 2.6(f) and 3.11(f)

omit

Australian Standard AS 1841

insert

ISO 7165:2009

[30]     Schedule 2, paragraph 4.2(a)

substitute

(a)   be designed, manufactured, tested and marked in accordance with ISO 7165:2009; or

[31]     Schedule 2, subclause 4.4

omit

[32]     Schedule 2, subclause 4.5

omit

Australian Standard AS 1851

insert

IMO Resolution A.951(23)

[33]     Schedule 2, subclause 4.6

omit

[34]     Schedule 3, subclause 1.3, heading

substitute

1.3       Requirements for electrical cables

[35]     Schedule 3, before subclause 1.3.1

insert

1.3.1A      An International Register vessel constructed before 1 July 2013 must comply with the requirements of Chapter II-2 of SOLAS for electrical cables and the requirements for electrical cables of the recognised organisation of the vessel.

Note   For a list of approved recognised organisations and their websites — see Marine Order 1 (Administration) 2011.

1.3.1B      An International Register ship constructed on or after 1 July 2013 must comply with subclauses 1.3.1 and 1.3.2.

Division 5     Marine Order 21 (Safety of navigation and emergency procedures) 2012

[36]     Subsection 55.7

omit

Division 6     Marine Order 25 (Equipment — life-saving) 2009

[37]     Schedule 1, clause 2

omit

[38]     Schedule 1, subclause 3.6

omit

[39]     Schedule 1, subclause 4.2.1, including the notes

substitute

    4.2.1     The normal equipment of a liferaft as set out in paragraph 4.1.5.1 of the LSA Code is varied so that the first-aid outfit required by paragraph 4.1.5.1.8 of the LSA Code must comply with Schedule 2.

Division 7     Marine Order 27 (Radio equipment) 2009

[40]     Paragraph 8.5(c)

omit

Division 8     Marine Order 28 (Operations standards and procedures) 2012

[41]     Subsection 18.3

omit


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.